Mowry v. Todd
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note and an agreement, copies of both which came up in the case. The note was made by said Todd to one Samuel Fisher or order, dated June 8th, 1813, for fifty dollars on demand with interest, and indorsed by Fisher m blank.
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Assumpsit on a promissory note and an agreement, copies of both which came up in the case. The note was made by said Todd to one Samuel Fisher or order, dated June 8th, 1813, for fifty dollars on demand with interest, and indorsed by Fisher m blank. The agreement was as follows, namely ; “ Portland, June 8th, 1813. This may certify, that I, Samuel Todd, do agree to pay my proportional part of the ransom given in St. John's, December 9th, 1812, for the schooner Ospray, by Captain Samuel Fisher, it being two hundred and sixty-one dollars and sixty-one cents, with interest after this date, when…
1Opinion of the CourtParker, C. J.
If the principal contract, which is declared upon, was duly assigned to the plaintiff, so as to give him the equitable interest and entitle him to an action in the name of Fisher, we have little doubt that an express promise, made to him by the de* *247fendant, gives him a right of action in his own name upon that promise. (1)
The only question of difficulty is, whether the contract or undertaking of Todd to Fisher is duly assigned to the plaintiff. It appears clearly to have been intended to be assigned ; a valuable consideration was paid, and the written evidence of the contract was delivered…
2Cases cited3 opinions
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