Holmes v. Knights
Superior Court of New Hampshire
Assumpsit, upon a promise to indemnify the plaintiff on account of his entering into a recognizance for the appearance of one S. B. Webster, on the special request of the defendant. The case was submitted to the determination of the court upon a statement of facts.
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Assumpsit, upon a promise to indemnify the plaintiff on account of his entering into a recognizance for the appearance of one S. B. Webster, on the special request of the defendant. The case was submitted to the determination of the court upon a statement of facts. At the November term, in 1833, said S. B. Webster was ordered to recognize, with two sureties, in the sum of three hundred dollars, for his appearance at the next term, on a charge of passing counterfeit money; and the defendant applied to the plaintiff to become one of the sureties for Webster, and promised the plaintiff that if…
1Opinion of the CourtParker, C. J.
It may well be doubted whether that part of the statute of frauds upon which the defence in this case is predicated, has not promoted more fraud than it has prevented. Certain it is that it has given rise to many perplexing doubts ; to much litigation ; to nice distinctions ; and to contradictory decisions. It provides that no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of an other person, unless the promise, or some note or memorandum of it, be in writing ; and if it may be supposed that the construction of…
2Cited by2 opinions
- Pecker v. SawyerSupreme Court of Vermont · 1852
- Proprietors of the Upper Locks v. AbbottSuperior Court of New Hampshire · 1843