Rood v. Jones
Michigan Supreme Court
Error to Cass Circuit Court. The plaintiff brought assumpsit upon two promissory notes, made by one Martha Lindsey and by the defendant, as surety, payable six months after date, to the order of the plaintiff. Plea, general issue.
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Error to Cass Circuit Court. The plaintiff brought assumpsit upon two promissory notes, made by one Martha Lindsey and by the defendant, as surety, payable six months after date, to the order of the plaintiff. Plea, general issue. On the trial it appeared on the part of the defence, that William Lindsey, the husband of Martha, being indebted to the plaintiff, had absconded or left the state, and that, on the day of the making of the notes, the plaintiff’s agent went to the residence of said Martha and her family, and told her that he wished her to secure a debt which the plaintiff had against…
1Opinion of the CourtFelch, J.
1. The substance of the ruling of the Court on the first point, to which exception is taken, may be stated in these words; — if A has a demand against B, and threatens to bring his suit, and C, a stranger, in consideration that he will forbear to do so, gives to A his promissory note for the amount of the debt, such consideration for the promise is insufficient, and the note invalid. This proposition appears to concede that such consideration would be sufficient to maintain a promise to pay by the debtor himself, but denies that a stranger could be bound by the promise.
It is not denied that…
2Cases cited1 opinion
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
3Cited by8 opinions
- Sanford v. HuxfordMichigan Supreme Court · 1875
- Steep v. HarphamMichigan Supreme Court · 1928
- Taylor v. WeeksMichigan Supreme Court · 1901
- Bell v. YatesNew York Supreme Court · 1861
- McCabe v. CanerMichigan Supreme Court · 1888
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