White v. Richardson
Superior Court of New Hampshire
FoReign attachment. In this case it appeared, by the disclosure of the trustee, that there had been various dealings betwixt the principal and the firm of Johnson & Carleton, of which the trustee was a member, and a balance was found due the firm by the disclosure.
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FoReign attachment. In this case it appeared, by the disclosure of the trustee, that there had been various dealings betwixt the principal and the firm of Johnson & Carleton, of which the trustee was a member, and a balance was found due the firm by the disclosure. Exception was, however, taken to a payment of $20.35, made by the firm, after service of the trustee process, to one Elijah L. Woolson ; and to a farther payment of $35.00 made by the trustee on a judgment recovered against him as bail for the principal debtor, which sums if rejected would entitle the plaintiff to judgment. The…
1Opinion of the CourtUp ham, J.
The exception is here taken that the promise to pay the debt of Woolson, by the firm of Johnson & Carle-ton, was without consideration, and not in writing, and therefore within the statute of frauds. But we think this view of the case arises from a misconception of the true position in which the parties are placed.
The defendant, Richardson, covenants to work in the employment of the firm of Johnson & Carleton, on condition that his wages, deducting some portion of the amount for actual necessaries, should be paid by them upon his debt to Wool-son ; and the firm engage to make such payment as…
2Cases cited3 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Gill v. BrownNew York Supreme Court · 1815
- Heaton v. AngierSuperior Court of New Hampshire · 1835