Hilton v. Southwick
Supreme Judicial Court of Maine
Assumpsit on an agreement, of which a copy follows. “ July 16, 1829. Whereas Benj. Milton is about transferring a note he has against me for $2524,34, I hereby agree that in case I obtain a discount on said note in the payment, that I will account and pay to said Milton the amount which I get discounted thereon. “ Joseph Southwiclc.”
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Assumpsit on an agreement, of which a copy follows. “ July 16, 1829. Whereas Benj. Milton is about transferring a note he has against me for $2524,34, I hereby agree that in case I obtain a discount on said note in the payment, that I will account and pay to said Milton the amount which I get discounted thereon. “ Joseph Southwiclc.” It appeared at the trial before Shjcpley J. that the plaintiff, in April, 1829, bad sold to the defendant a quantity of logs, and had taken his note for $2524,34, payable half in June, and half in September, in payment therefor. Before the first payment fell due,…
1Opinion of the Court
The opinion of the Court was drawn up by
Sherley J.
The contract recites, that the plaintiff was about' transferring the note, and the defendant promises to account to him for what he should get discounted in the payment of it. That it Operated to induce the plaintiff to sell, and that it was so designed,' there can be little doubt. The plaintiff on. the following day sold' the nóte at a large discount.
A prómise to pay upon the performance of an act, by which' the party is injured, becomes binding, when the act is performed/ *306Train v. Gold, 5 Pick. 385 ; Kempton v. Coffin, 12 Pick. 129. The…
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