Warren v. Whitney
Supreme Judicial Court of Maine
The parties agreed upon a statement of facts, the material parts of which appear in the commencement of the opinion of the Court. and contended that this case came within the general rule, that a moral obligation to pay a debt is a sufficient consideration for an express promise in writing so to do, when, as here, there was a good and sufficient original consideration for the promise. 2 II. Black. 116; 3 B. & P. 249, and note; 1 Cliitty on PI. 40; Maxim, v. Morse, 8 Mass.
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The parties agreed upon a statement of facts, the material parts of which appear in the commencement of the opinion of the Court. and contended that this case came within the general rule, that a moral obligation to pay a debt is a sufficient consideration for an express promise in writing so to do, when, as here, there was a good and sufficient original consideration for the promise. 2 II. Black. 116; 3 B. & P. 249, and note; 1 Cliitty on PI. 40; Maxim, v. Morse, 8 Mass. R. 127. The release, in this case, was made at the request and for the benefit of the defendants, and not for the benefit…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
It appears from the case stated, that the defendants were indebted to the plaintiff before Jan. 16, 1836, *562on a promissory note; and that on that day they made an assignment of their property for the benefit of their creditors. The assignment contained a release of all debts due from the defendants to their creditors. The plaintiff became a party to it, and thereby released his debt, and received a dividend upon it from the assignees. The defendants, by a contract in writing, made on March 14, 1836, promised to pay the plaintiff any balance of…
2Cases cited1 opinion
- Snevily v. ReadSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- In Re KornbluthCourt of Appeals for the Second Circuit · 1933
- Herrington v. . DavittNew York Court of Appeals · 1917
- Gross, Kelly & Co. v. BiboNew Mexico Supreme Court · 1914
- Mason v. CampbellSupreme Court of Minnesota · 1880
- Martin Lewis & Co. v. SimonsOhio Superior Court, Cincinnati · 1854