Legal Opinion

Hicks v. Burhans

New York Supreme Court

Decided May 15, 1813PublishedCited by 9 opinions

IN ERROR, on certiorari, from a justice’s court. B. and others brought an action of assumpsit against Hicks, before the justice. The cause was hied by a jury.

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IN ERROR, on certiorari, from a justice’s court. B. and others brought an action of assumpsit against Hicks, before the justice. The cause was hied by a jury. The plaintiffs gave in evidence a writing dated the 16th of January, 1808, signed by the defendant and ten others, reciting that whereas the plaintiffs had, previous to the date of the writing, been in pursuit of several persons who had absconded and were in debt to the subscri e . foers, they* the subscribers* promised to pay to the plaintiffs* or .either of them, an equal proportion of all the expenses which the plaintiffs had been…

1Per curiam

The written promise to pay, if founded oh -it *246past consideration, may be good, if the past service be laid to have been done on request; and if not so laid, a request may be implied from the beneficial nature of the consideration, and the circumstances of the transaction. (1 Caines’ Rep. 585, 586.) Here the past service consisted in an expensive pursuit, by the plaintiffs, of certain fugitive debtors, who were indebted to the defendant an others ; and it appeared that the plaintiffs had exhibited their accounts, at a meeting of the creditors, and that the-defendant examined them, and made no…

2Cited by9 opinions

  1. Wolford v. PowersIndiana Supreme Court · 1882
  2. Meyer v. RobertsSupreme Court of Arkansas · 1885
  3. Spencer v. . BallouNew York Court of Appeals · 1858
  4. Chaffee v. ThomasNew York Supreme Court · 1827
  5. Thomson v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1902

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