Moore v. Ellsworth
Supreme Court of Connecticut
THIS was an action of assumpsit, brought on a writing signed by the defendant, in these words: “ I promise to account with William Moore, for 363 dollars, 83 cents, with interest, or secure debts due from him to this amount. June 16, 1819.” The consideration stated for this contract, was, a lease executed by the plaintiff to the defendant, and a policy of insurance procured by the plaintiff, payable to the defendant.
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THIS was an action of assumpsit, brought on a writing signed by the defendant, in these words: “ I promise to account with William Moore, for 363 dollars, 83 cents, with interest, or secure debts due from him to this amount. June 16, 1819.” The consideration stated for this contract, was, a lease executed by the plaintiff to the defendant, and a policy of insurance procured by the plaintiff, payable to the defendant. The lease was as follows : “ Know all men by these presents, that whereas I owe Martin Ellsworth 1000 dollars, I hereby lease unto him, to use and improve for one year from the…
1Opinion of the Court
Hosmer, Ch. J.
The contract on which this action is brought, and a part performance of the consideration, so far as relates to the procurement of a policy on the plaintiff’s life, and the assignment of it to the defendant, are admitted. It was an essential part of the consideration, that there should be a lease of certain land given to the defendant, and permission to fell the wood and timber growing upon it, and the avails were to be applied to the plaintiff’s debts. It is conceded, that the lease was executed, and that the plaintiff was tenant for life of the premises; but the defendant…
2Cited by6 opinions
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
- Avery v. BrownSupreme Court of Connecticut · 1863
- Rhett v. PoeSupreme Court of the United States · 1844
- Inhabitants of Barkhamsted v. CaseSupreme Court of Connecticut · 1825
- Zauner v. BrewerSupreme Court of Connecticut · 1991
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