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KNOTT v. RACICOT

442 Mass. 314 (2004)

JAMES M. KNOTT, SR. v. JOAN RACICOT, executrix, & another.

Supreme Court of Massachusetts, Worcester.

August 10, 2004.

Attorney(s) appearing for the Case

Warren G. Miller (Henry T. Dunker, Jr., with him) for the plaintiff.

Kenneth J. Mickiewicz (Samuel B. Moskowitz with him) for Joan Racicot.

Brian J. Buckley for Deborah Kay Neumann.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

For centuries under the Anglo-American common law, contracts executed under seal have conclusively been held to import consideration; the seal itself substitutes for the actual exchange of value between promisee and promisor. See, e.g., Schuster v. Baskin, 354 Mass. 137, 141 (1968). We are now asked to abolish the common-law presumption of consideration for...

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