Adams v. Bean
Massachusetts Supreme Judicial Court
This was assumpsit upon a written promise made and signed by the defendant, upon the back of a lease, by indenture, of a certain shop in Boston, purporting to be made by the plaintiff to Daniel Weeks and Ebenezer O. Fifield, shop-keepers arid copartners. The lease was executed by the plaintiff and Weeks only, although written as if to be executed by Fijield also.
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This was assumpsit upon a written promise made and signed by the defendant, upon the back of a lease, by indenture, of a certain shop in Boston, purporting to be made by the plaintiff to Daniel Weeks and Ebenezer O. Fifield, shop-keepers arid copartners. The lease was executed by the plaintiff and Weeks only, although written as if to be executed by Fijield also. The writing- indorsed, which was subscribed by the defendant, was as follows, namely, * “ This may certify that I, the subscriber, of Boston, [*138] &c., do guaranty the faithful performance, on the part of Daniel Weeks and Ebenezer…
1Opinion of the CourtParker, C. J.
There can be no doubt, that the covenants in the lease were binding upon Weeks, although Fijield, who was intended to be a party to it, never executed it.† Each party would have been bound jointly and severally, had both executed the indenture ; and the execution by one, who took possession under the lease, must have made the contract complete as to him. ‡
As to the second question, whether the defendant is liable on bis promise, which, although in writing, contained no words showing the consideration for which it was given ; it is to be observed, that it has never yet been determined in this…
2Cases cited6 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Naylor v. SteneSupreme Court of Minnesota · 1905
- Soper v. StevensSupreme Judicial Court of Maine · 1836