Patterson v. Cunningham
Supreme Judicial Court of Maine
This was an action of assumpsit, brought to enforce an agreement made by the defendant and a deceased brother, jointly, with the father of the plaintiff for her benefit.
Read the full summary
This was an action of assumpsit, brought to enforce an agreement made by the defendant and a deceased brother, jointly, with the father of the plaintiff for her benefit. The facts in the case are fully stated in the opinion of the Court. 1. That the defendant was excused from the performance of the agreement, it having become impossible by the act of God, in consequence of the death of the defendant’s brother, who jointly promised with him. 2. The promise was not made to the plaintiff, but to William Cunningham, and he would be estopped by his deed to deny the payment of the consideration.…
1Opinion of the Court
Emery J.
— This action comes before us on exceptions from the Court of Common Pleas, where the Judge, by consent of parties, in order to bring the action before this Court, directed a nonsuit. From the report of the opening evidence on the part of the plaintiff at the trial, it is apparent that there was an attempt between the father, William Cunningham, and his two sons, Buggies and Thomas, on the 23d Sept. 1830, to make an arrangement for securing to the plaintiff a portion of her father’s estate. To effect this a deed was made by said - William, of the real estate described in the…
2Cited by8 opinions
- Mather v. ScolesIndiana Supreme Court · 1870
- Quirk v. Bank of Commerce & Trust Co.Court of Appeals for the Sixth Circuit · 1917
- Ward v. WardSupreme Court of Colorado · 1934
- Andrews v. BroughtonMissouri Court of Appeals · 1899
- Gernhert v. Straeffer'sCourt of Appeals of Kentucky · 1916
3 more not listed; retrieve them via the Exa API.