Furbish v. Goodnow
Massachusetts Supreme Judicial Court
Contract on a promise by the defendant to pay the amount of a promissory note due to the plaintiffs from Charles Bedding.
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Contract on a promise by the defendant to pay the amount of a promissory note due to the plaintiffs from Charles Bedding. At the trial in the superior court, before Russell, J., the plaintiffs relied upon the case stated in their declaration, namely, that Bedding was indebted to them on a promissory note which they continued to hold ; and that, by an agreed arrangement between the defendant, Bedding and the plaintiffs, Bedding conveyed certain real estate to the defendant, and, as a part of the consideration therefor, the defendant promised to pay the plaintiffs the amount of the note. The…
1Opinion of the CourtGray, J.
This case arises under that clause of the statute of frauds, which provides that no action shall be brought “ to charge a person upon a special promise to answer for the debt, default or misdoings of another, unless the promise or some memorandum or note thereof is in writing, and signed by the party to be charged, or his agent.” Gen. Sts. c. 105, § 1, cl. 2. By the established construction of this clause, “ a special promise,” in order to fall within the statute, must be express and not merely implied by law, “ to answer for a debt ” for which the promisor’s person or estate is not already…
2Cases cited6 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Emerson v. SlaterSupreme Court of the United States · 1860
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Davis v. HaydenMassachusetts Supreme Judicial Court · 1813
- Jackson v. RaynerNew York Supreme Court · 1815
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3Cited by31 opinions
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- Griffin v. CunninghamMassachusetts Supreme Judicial Court · 1903
- George Lawley & Son Corp. v. BuffMassachusetts Supreme Judicial Court · 1918
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