Legal Opinion

Barker v. Lambert

Supreme Court of New Hampshire

Decided October 4, 1932Published

1Opinion of the CourtPeaslee, C. J.

A payment in advance for the aid furnished would have been a legal transaction supported by a sufficient consideration. Amazeen v. New Castle, 76 N. H. 250; Warren v. Weaver, 78 N. H. 108. It is not perceived why a promise to repay in the future is not equally valid and enforceable.

The contention that the wife’s promise is void as an undertaking on behalf of her husband (P. L., c. 288, s. 2) mistakes the nature of the transaction. It was an original undertaking by both, entered into to obtain family support. The wife may bind herself by such a promise. White Mountain National Bank v. Noyes,…

2Cases cited3 opinions

  1. Amazeen v. NewcastleSupreme Court of New Hampshire · 1911
  2. Warren v. WeaverSupreme Court of New Hampshire · 1916
  3. White Mountain National Bank v. NoyesSupreme Court of New Hampshire · 1924

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