Currier v. Hodgdon
Superior Court of New Hampshire
Assumpsit. The plaintiff alleged, in his declaration, that the defendant gave to 0. Govt a promise in writing, as follows : “ For value received, I promise to pay 0. Gove or his <{ order, ⅝30 worth of neat stock, within six months.
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Assumpsit. The plaintiff alleged, in his declaration, that the defendant gave to 0. Govt a promise in writing, as follows : “ For value received, I promise to pay 0. Gove or his <{ order, ⅝30 worth of neat stock, within six months. May & 20, 1822;” that Gove, for a valuable consideration, ordered the contents tobe paid to the plaintiff ; and, before the day of payment, notice of the transfer was given to the defendant, who promised to deliver the stock to the plaintiff at the time specified in the original contract. The cause was tried here at February term, 1824, upon the general issue ;…
1Opinion of the Court
By the court.
The original contract having in this case been duly assigned to the plaintiff, an equitable interest became vested in him, which would, in case of any breach of the contract, have entitled him to maintain an action in Cove's name ; and it is settled, that such an equitable interest is a sufficient consideration to sustain an express promise. 10 Mass. Rep. 316, Crocker vs. Whitney.—12 ditto 281, Mowry vs. Todd.—44 John. 378, Doty vs. Wilson.—Couper 290, Hawes vs. Saunders.—6 Mass. Rep. 42.—2 W. Black. 1269, Fenner vs. A Meares.
We are therefore of opinion, that the plaintiffis…
2Cases cited1 opinion
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
3Cited by3 opinions
- Tibbets v. GerrishSuperior Court of New Hampshire · 1852
- Edson v. FullerSuperior Court of New Hampshire · 1850
- Thompson v. EmerySuperior Court of New Hampshire · 1853