Barker v. Bucklin
New York Supreme Court
Assumpsit, tried at the Chautauque circuit in June, 1844. The suit was brought to recover money due to the plaintiff from Francis B. Bucklin, a brother of the defendant.
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Assumpsit, tried at the Chautauque circuit in June, 1844. The suit was brought to recover money due to the plaintiff from Francis B. Bucklin, a brother of the defendant. The three special counts in the declaration averred that the defendant in consideration of a pair of horses delivered to him by Francis, and of forbearance by the plaintiff to prosecute Francis for the debt at the defendant’s request, had promised the plaintiff to pay him the value of the horses towards the debt which Francis owed the plaintiff. Plea, non-assumpsit. The plaintiff gave in evidence a bond executed by Francis…
1Opinion of the Court
By the Court, Jewett, J.
The first question which I shall consider is, Avhether the plaintiff under a count adapted to the case can sustain an action to enforce the defendant’s promise tpay the price of the horses Avhich he purchased. This involves the question, Avhether in cases of simple contracts, where one makes a promise to another, for the benefit of a third person, he can maintain an action upon it, though the consideration does not move from him. Upon this question, the adjudged cases in England are somewhat contradictory. That such promises are *48binding, all agree. The difficulty seems…
2Cases cited7 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Hind v. HoldshipSupreme Court of Pennsylvania · 1833
- Ellwood v. MonkNew York Supreme Court · 1830
- Gold v. PhillipsNew York Supreme Court · 1813
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3Cited by102 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Mallory v. . GillettNew York Court of Appeals · 1860
- Burr v. . BeersNew York Court of Appeals · 1861
- Spann v. Cochran & EwingTexas Supreme Court · 1885
- Todd v. . WeberNew York Court of Appeals · 1884
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