Breed v. Hillhouse
Supreme Court of Connecticut
This was an action of assumpsit against Samuel Hillhouse, on his guaranty of a promissory note, made by Nathaniel Hillhouse, for 122 dollars, 19 cents, dated the 15th of March 1822, payable to the plaintiff, or order, on demand, with interest. The declaration contained several counts, stating the case with some variations, on which no question arose.
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This was an action of assumpsit against Samuel Hillhouse, on his guaranty of a promissory note, made by Nathaniel Hillhouse, for 122 dollars, 19 cents, dated the 15th of March 1822, payable to the plaintiff, or order, on demand, with interest. The declaration contained several counts, stating the case with some variations, on which no question arose. The promise of the defendant, and the consideration on which it was founded, were thus stated : “That on the 1st of March 1823, said note being then due and unpaid, in consideration that the plaintiff would wait and delay the collection of said…
1Opinion of the Court
Hosmer, Ch. J.
Although an agreement to forbear is not. specifically averred, otherwise than by the allegation that the plaintiff accepted the guaranty and actually forbore, yet under this declaration such agreement is provable. This mode of declaring is sanctioned by Wentworth, Chitty and almost all the approved writers on pleading ; (2 Chitt. Plead. 83.) and an averment of an agreement to forbear, has ever been considered as necessarily implied from the above allegations. In Lent & al. v. Paddleford, 10 Mass. Rep. 230. the above point was explicitly made and decided.
*528The agreement in question…
2Cases cited4 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Martin v. WinslowU.S. Circuit Court for the District of Rhode Island · 1821
- Hopkins v. LiswellMassachusetts Supreme Judicial Court · 1815
3Cited by43 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Craft v. IshamSupreme Court of Connecticut · 1838
- Hungerford v. O'BrienSupreme Court of Minnesota · 1887
- Szymanska v. Equitable Life InsuranceSuperior Court of Delaware · 1936
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