Ford v. Rehman
Ohio Supreme Court
Assumpsit. 1. Count on a note for Si00, given by Rehman to Thos. Ford, payable in thirteen months, from the 2d of April, 1827, endorsed to the plaintiff before due. Notice to the defendant, and-a promise by him to pay in a reasonable time, in consideration of the note, endorsement, and its remaining unpaid. 2. Same, with a promise to pay generally, without any time. 3. The same to the endorsement to the plaintiff.
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Assumpsit. 1. Count on a note for Si00, given by Rehman to Thos. Ford, payable in thirteen months, from the 2d of April, 1827, endorsed to the plaintiff before due. Notice to the defendant, and-a promise by him to pay in a reasonable time, in consideration of the note, endorsement, and its remaining unpaid. 2. Same, with a promise to pay generally, without any time. 3. The same to the endorsement to the plaintiff. It then sets forth an undertaking on the plaintiff’s part to delay the paj'm'ent six months, and thereon raises apromise to pay in six months; avers the delay of six months, and…
1Opinion of the CourtWright, J.
The first, third and fourth counts of the declaration are upon special assumpsits, and the only question is, whether the *eonsideration discloses a legal foundation for the undertaking [435 to pay. It is objected to the recovery, that there is no privity of contract in the parties, the note not being negotiable; that the plaintiff was only an equitable, not a legal holder. As to the second and fourth counts, it is insisted that the consideration is past and executed, and that no notice to the defendant is averred.
I see no want of privity; if the counts were upon a note not negotiated or not…
2Cases cited2 opinions
- Jackson ex dem. Putnam v. BowenNew York Supreme Court · 1803
- Martin v. WilliamsNew York Supreme Court · 1820