Dearborn v. Sawyer
Supreme Court of New Hampshire
Assumpsit, upon the promise of the defendant to indemnify the plaintiff against loss from the release of an attachment. Facts found by a referee. October 7, 1876, the plaintiff having a claim against one Emerson, attached by trustee process his wages in the hands of the Concord Railroad. Emerson was then employed on the line of the M. & N. W. R. R., which was operated by the Concord Railroad.
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Assumpsit, upon the promise of the defendant to indemnify the plaintiff against loss from the release of an attachment. Facts found by a referee. October 7, 1876, the plaintiff having a claim against one Emerson, attached by trustee process his wages in the hands of the Concord Railroad. Emerson was then employed on the line of the M. & N. W. R. R., which was operated by the Concord Railroad. October 16,1876, Sawyer wrote to the plaintiff representing that Emerson was in danger of losing his place through a rule of the road relating to trustee suits; that he had a large family ' dependent…
1Opinion of the CourtSmith, J.
The defendant did not undertake to pay the debt of Emerson to Dearborn, but promised that the plaintiff shoidd not lose anything by releasing his attachment. If there were no funds attached in the hands of the Concord Railroad, then the plaintiff lost nothing by the release, for there were no funds to be released. The question then is, whether the Concord Railroad was indebted to Emerson, that is, whether Emerson was in the employ of the C. R. R. or of the M. & N. W. R. R. The referee finds that the defendant’s guaranty was without consideration. By this we understand him to mean that there…
2Cited by1 opinion
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