Bohanan v. Pope
Supreme Judicial Court of Maine
On Facts Agreed from Nisi Prius. This was an action of assumpsit brought upon a contract. The general issue was pleaded and joined, with a brief statement, setting forth that the plaintiff had been paid for the labor named in his writ by one Henry P. Whitney, or by reason of the judgment hereinafter mentioned, for whom he worked, and that said plaintiff recovered judgment against said Whitney in a suit for the same labor, and enforced his lien for said labor upon the logs he…
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On Facts Agreed from Nisi Prius. This was an action of assumpsit brought upon a contract. The general issue was pleaded and joined, with a brief statement, setting forth that the plaintiff had been paid for the labor named in his writ by one Henry P. Whitney, or by reason of the judgment hereinafter mentioned, for whom he worked, and that said plaintiff recovered judgment against said Whitney in a suit for the same labor, and enforced his lien for said labor upon the logs he worked upon, by a sale of the same by D. G-. Wilson, deputy sheriff, on the execution, at public auction. It was agreed…
1Opinion of the CourtMay, J.
It is undoubtedly true, as a general proposition, that no action can be maintained upon a contract, except by some person who is a party to it. But this rule of law, like most others, has its exceptions; as, for instance, where money has been paid by one party, to a second, for the benefit of a third, in which case the latter may maintain an action against the first for the money. So, too, where a party for a valuable ‘ consideration stipulates with another, by simple contract, to pay money or do some other act for the benefit of a third person, the latter, for whose benefit the promise is…
2Cases cited2 opinions
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
3Cited by11 opinions
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Johnson v. Central Trust Co.Indiana Supreme Court · 1903
- Wood v. MoriartySupreme Court of Rhode Island · 1887
- First National Bank v. HoveyOregon Supreme Court · 1899
- Lehow v. SimontonSupreme Court of Colorado · 1877
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