Sage v. Wilcox
Supreme Court of Connecticut
This was an action of assumpsit. The plaintiff, in his declaration, averred, that Jacob Wilcox was indebted to him, on a promissory note, dated the 25th of November, 1822, in the sum of 150 dollars ; and that, in consideration the plaintiff would forbear the collection of it, for a year, the defendant, by a writing under his hand, on the back of the note, guarantied the payment of it, whether a suit should, or should not be brought against the maker.
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This was an action of assumpsit. The plaintiff, in his declaration, averred, that Jacob Wilcox was indebted to him, on a promissory note, dated the 25th of November, 1822, in the sum of 150 dollars ; and that, in consideration the plaintiff would forbear the collection of it, for a year, the defendant, by a writing under his hand, on the back of the note, guarantied the payment of it, whether a suit should, or should not be brought against the maker. A forbearance fora specified period, was then stated ; and that, about the time of the guaranty, the maker became insolvent, and has so…
1Opinion of the Court
Hosmer, Ch. J.
Three questions have been raised in this case ; and on these alone shall I express an opinion. 1. Whether there was a consideration for the defendant's promise. 2. Whether the consideration not being in writing, the case is within the statute of frauds and perjuries. 3. Whether the contract averred is supported by the one proved.
The first question proposed it is not difficult to determine. The mere promise of a third person to pay the debt of another, on forbearance of suit, without a stipulation on the part of the promisee to forbear, or some other new consideration, is not…
2Cases cited2 opinions
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Williams v. GrangerSupreme Court of Connecticut · 1810
3Cited by26 opinions
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Dos Santos v. F. D. Rich Construction Co.Supreme Court of Connecticut · 1995
- Pickman v. PickmanConnecticut Appellate Court · 1986
- Board of Water Commissioners v. CurtisSupreme Court of Connecticut · 1913
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