Finkelstein v. Sneierson

CROSBY, J. The declaration alleges that the defendant on or about November 28, 1919, executed and delivered to the plaintiff
a certain agreement under seal by the terms of which the defendant agreed to pay to the plaintiff the sum of $2,250 in installments,
as therein set forth; and that the defendant has wholly neglected and refused to pay said sum or any part thereof. The answer
pleads a general denial, payment, absence of consideration and the statute of limitations. The agreement upon which the action is brought reads as follows: 'Know all men by these presents that whereas there is now
pending in the Superior Court for the County of Suffolk, an action wherein Max Finkelstein is the plaintiff, and Samuel L.
Sneierson et al. are the defendants, which action is numbered 93824 on the docket of said Court, and whereas the parties to
said litigation have agreed to settle and adjust the same now be it agreed that the said defendant Samuel L. Sneierson in
said action agrees to pay to the said plaintiff Max Finkelstein, the sum of $2250, payable $100 on the twenty-eighth day of
November, 1919, and $100 each and every month thereafter with interest, until the aforesaid sum is paid together with six
per cent interest on the principal sum remaining due, until the date of said payment. The said Max Finkelstein agrees to continue
from time to time upon the docket of said Court, the said action until the last payment hereinbefore provided for has been
made, whereupon the said Max Finkelstein, his heirs, successors and assigns agree to and with the said Sneierson, that entry
shall be made in said action, judgment for the plaintiff in the sum of $2250 without costs, and that further entry made, judgment
satisfied. That upon said last payment the said Finkelstein, his heirs, successors and assigns will make and execute to the
said Samuel L. Sneierson and all other endorsers upon the notes in suit, a full release of all claims and demands. Provided
however, that if said Sneierson shall fail to make said monthly payments of $100 with interest, then the said Finkelstein
shall have the right to immediate judgment for the full amount of the notes sued on in said action, with all costs and interest,
less any amounts which shall have been paid on account thereof as provided in this agreement. In witness whereof the said
parties hereunto set their hands and seals this 28th day of November A. D. 1919.