Gibbs v. Bryant
Massachusetts Supreme Judicial Court
Assumpsit for money paid, laid out, and' expended. The action was brought against James and Thomas Bryant ; but no service was made upon Thomas, he being out of the Commonwealth. At the trial, before Parker C. J., the plaintiff having stated, as the ground of the action, that in 1811 he signed a promissory note with Thomas, payable to one Warner, for money lent by Warner to James and Thomas, and that he afterwards, in May 1812, paid the note, upon the demand of Warner.
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Assumpsit for money paid, laid out, and' expended. The action was brought against James and Thomas Bryant ; but no service was made upon Thomas, he being out of the Commonwealth. At the trial, before Parker C. J., the plaintiff having stated, as the ground of the action, that in 1811 he signed a promissory note with Thomas, payable to one Warner, for money lent by Warner to James and Thomas, and that he afterwards, in May 1812, paid the note, upon the demand of Warner. The defendant said, that a written promise to indemnify the plaintiff had been signed by himself and Thomas at the time of…
1Opinion of the Court
*123The opinion of the Court was delivered at the adjourned term, in November.
2Per curiam
The first reason for setting aside the verdict is, that there was a special agreement which ought to have been declared on. This objection cannot avail the defendant, because the written contract produced contained nothing more than what the law would imply. The right of action rests upon the payment of money for the use of the defendant. The law raises a promise, and the plaintiff may make use of his written contract or not, as he pleases. If there is any thing in the written promise to contradict the implication of…
3Cases cited2 opinions
- Walker v. MelcherMassachusetts Supreme Judicial Court · 1817
- Norman v. NormanSupreme Court of Pennsylvania · 1796