Whitney v. Stearns
Supreme Judicial Court of Maine
Assumpsit for rent, and also on an obligation in the following form. “Lincolnville, Feb. 16, 1837. For a valuable consideration, I promise Samuel A. Whitney, to be responsible to him lor whatever sum he may recover of Ezelciel Stearns, before David, Alden, Jr., John Young, 2d. and David McKoy, referees, to whom is referred a demand made by the said Whitney against the said Ezelciel Stea7-ns and Moses Stearns.” This was signed by the defendant.
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Assumpsit for rent, and also on an obligation in the following form. “Lincolnville, Feb. 16, 1837. For a valuable consideration, I promise Samuel A. Whitney, to be responsible to him lor whatever sum he may recover of Ezelciel Stearns, before David, Alden, Jr., John Young, 2d. and David McKoy, referees, to whom is referred a demand made by the said Whitney against the said Ezelciel Stea7-ns and Moses Stearns.” This was signed by the defendant. This action was commenced on May 27, 1837, and on the sixth of the same May, the plaintiff caused Ezelciel Stearns to be arrested on an execution…
1Opinion of the Court
The opinion of the Court was drawn up by
Emery J.
There appears to be some singularity in the wording of the writing called the obligation, dated Feb. 16, 1837, contrasted with the statement of the evidence in relation to the trial. According to our copy, the engagement is to be responsible to the plaintiff for what he “ may recover of Ezekiel Stearns before referees, to whom is referred a demand made by the plaintiff against said Ezekiel Stearns and Moses Stearns.” Why the stipulation should be adopted in that form, unless Moses assumed the relation of a co-defendant with Ezekiel for his…
2Cited by13 opinions
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- D. M. Osborne & Co. v. BakerSupreme Court of Minnesota · 1885
- Cowan v. HallackSupreme Court of Colorado · 1886
- Ward v. BushNew Jersey Court of Chancery · 1900
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