Mellen v. Whipple
Massachusetts Supreme Judicial Court
Action of contract, brought by the administratrix of Michael Mellen, on the 20th of December 1851. The declaration avers that “ the defendant is indebted to the plaintiff for the following cause of action: On the first day of June 1844, one John M. Rollins, for a good and sufficient consideration, made and delivered to Charles Ellis and John M. Mayo (then partners unde? the firm of Ellis & Mayo) his note for the sum of five hundred dollars, payable to said Ellis & Mayo or…
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Action of contract, brought by the administratrix of Michael Mellen, on the 20th of December 1851. The declaration avers that “ the defendant is indebted to the plaintiff for the following cause of action: On the first day of June 1844, one John M. Rollins, for a good and sufficient consideration, made and delivered to Charles Ellis and John M. Mayo (then partners unde? the firm of Ellis & Mayo) his note for the sum of five hundred dollars, payable to said Ellis & Mayo or order in three years from date, with interest thereon at the rate of six per cent, per annum, payable semi-annually; ánd…
1Opinion of the CourtMetcalf, J.
According to the decisions in Goodwin v. Gilbert, 9 Mass. 510, Pike v. Brown, 7 Cush. 133. and some intermediate cases, the declaration now before us snows an agreement between Rollins and the defendant, for the nonperformance of which Rollins might maintain an action. The question raised by this demurrer is, whether an action for the non-performance of that agreement can be maintained by the plaintiff.
*321The counsel for the plaintiff, in his brief, puts the case upon this ground: “ On a promise not under seal, made by A. to B., for a good consideration, to pay B.’s debt to C., C. may sue A.”…
2Cases cited8 opinions
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Weston v. BarkerNew York Supreme Court · 1815
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wright v. TerrySupreme Court of Florida · 1887
- Sayer v. WynkoopNew York Court of Appeals · 1928
- Estate of Bernard L. Porter, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1971
- Creditors' Committee of the Estate of Donlevy's, Inc. v. Kitty Fan Koo (In Re Donlevy's, Inc.)United States Bankruptcy Court, D. Massachusetts · 1990
- George A. Pickering, Inc. v. Blue Hill Lincoln-Mercury, Inc.Massachusetts District Court, Appellate Division · 1984
3 more not listed; retrieve them via the Exa API.