Colt v. Root
Massachusetts Supreme Judicial Court
The declaration was in a plea of the case, for that the said Root, in consideration that the plaintiff would deposit with one Merrick a certain promissory note, which he held against the Housatonic Manufacturing Company, whereof the said Root was a member, and for the debts whereof he was liable, which note was payable to one Weller or order, and by him endorsed to the plaintiff, whereon was due to the plaintiff 160 dollars, and that the plaintiff would suffer said note to…
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The declaration was in a plea of the case, for that the said Root, in consideration that the plaintiff would deposit with one Merrick a certain promissory note, which he held against the Housatonic Manufacturing Company, whereof the said Root was a member, and for the debts whereof he was liable, which note was payable to one Weller or order, and by him endorsed to the plaintiff, whereon was due to the plaintiff 160 dollars, and that the plaintiff would suffer said note to remain with Merrick until Root should take up from one Janes another promissory note made by the plaintiff to Janes, and…
1Opinion of the CourtParker, C. J.
The motion in arrest of judgment cannot obtain. The declaration, although defective in form, is substantially good after verdict. A sufficient consideration for the promise is shown, and the promise is distinctly averred. The declaration is defective in not alleging notice to the defendant, that the plaintiff had performed the condition which was the consideration of the promise. But this notice must be presumed to have been proved, as it was involved in the issue, and necessary to have been proved or admitted. The defect is therefore cured by the verdict.
* Neither is this a promise, which…
2Cited by4 opinions
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