Horn v. Fuller
Superior Court of New Hampshire
Assumpsit upon a written contractas follows :— Rumney, January 18, 1822. Agreeably to my father’s last will, I promise to pay James Horn, forty dollars, when he shall arrive at the age of twenty-one years. John Fuller, Asa Fuller. The cause was tried upon the general issue at November term, 1832, when it was admitted that the defendant made the contract, and that the plaintiff arrived at the age of twenty-one years before this action was commenced.
Read the full summary
Assumpsit upon a written contractas follows :— Rumney, January 18, 1822. Agreeably to my father’s last will, I promise to pay James Horn, forty dollars, when he shall arrive at the age of twenty-one years. John Fuller, Asa Fuller. The cause was tried upon the general issue at November term, 1832, when it was admitted that the defendant made the contract, and that the plaintiff arrived at the age of twenty-one years before this action was commenced. It appeared that Asa Fuller, who also put his name to the contract, was the father of the defendant ; and that he had since died seized of real…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
The note in this case appears, on the face of it, to have been given on account of Asa Fuller, and must be presumed to have been given at his request ; and this is the only evidence of a consideration which exists in the case. The question is, whether this is sufficient evidence of a consideration to sustain the note ?
It was once intimated by an English judge that no consideration was necessary to sustain a promise in writing. 3 Burr. 1670,
A similar intimation has also been given by an American judge. 2 Caine’s Rep. 247.
But it is now…
2Cases cited7 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- Fink v. CoxNew York Supreme Court · 1820
- Pearson v. PearsonNew York Supreme Court · 1810
- Boutell v. CowdinMassachusetts Supreme Judicial Court · 1812
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Coburn v. OdellSuperior Court of New Hampshire · 1855
- Flanders v. JonesSuperior Court of New Hampshire · 1855
- Adams v. HackettSuperior Court of New Hampshire · 1853
- Doe v. BurnhamSuperior Court of New Hampshire · 1855
- Sargent v. RobbinsSuperior Court of New Hampshire · 1849