Ames v. Foster
Massachusetts Supreme Judicial Court
Writ of review, dated March 21, 1870, to reverse a judgment recovered in the superior court for this county at July term 1869. Trial, and verdict for the defendants in review, in the superior court, before Heed, J. who allowed a bill of exceptions, the substance of which is stated in the opinion.
1Opinion of the CourtMorton, J.
The only question involved in this case arises under that clause of the statute of frauds which provides that no action shall be brought “ to charge a person upon a special promise to answer for the debt, default or misdoings of another, unless the promise, or some memorandum or note thereof, is in writing, and signed by the party to be charged, or his agent.” Gen. Sts. c. 105, § 1, cl. 2.
The plaintiffs in the original action claim to hold the defendant upon the ground of an express promise to pay the amount of a debt due the plaintiffs by the owners of the steamer N. P. Banks, for wood and…
2Cases cited2 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
3Cited by31 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- George Lawley & Son Corp. v. BuffMassachusetts Supreme Judicial Court · 1918
- Kahn v. WaldmanMassachusetts Supreme Judicial Court · 1933
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