Homes v. Dana
Massachusetts Supreme Judicial Court
This was indebitatus assumpsit for money laid out and expended by the plaintiffs’ intestate for the use of the defendant, and at his request. The cause was tried upon the general issue, before the Chief Justice at the last November term, in this county.
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This was indebitatus assumpsit for money laid out and expended by the plaintiffs’ intestate for the use of the defendant, and at his request. The cause was tried upon the general issue, before the Chief Justice at the last November term, in this county. The plaintiffs gave, in evidence, although objected to by the defendant, a certain paper, subscribed by the defendant, among others ; in which the subscribers agreed to lend to Everett fy Monroe the sums set against their respective names, “ on the following conditions ; namely, that the same shall be put into the hands of Mr. Ebenezer Larkin,…
1Opinion of the Court
Curia.
As to the first objection taken by the counsel for the defendant, that the contract read in evidence was not admissible, because it was between other parties, it cannot prevail. The action is not founded upon the contract; but this was introduced collaterally, to show the circumstances under which the money was paid by the intestate to the use of the defendant. It is, in this respect, like a note or bond, paid by one not a party, at the request of the obligor or promissor. In such a case, there can be no doubt the instrument would be proper evidence, although between other parties.†
Nor…
2Cases cited3 opinions
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- Boutell v. CowdinMassachusetts Supreme Judicial Court · 1812
3Cited by12 opinions
- Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
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- Barnes v. PerineNew York Supreme Court · 1850
- Downey v. HinchmanIndiana Supreme Court · 1865
- Pryor v. CainIllinois Supreme Court · 1861
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