Templeton v. Bascom
Supreme Court of Vermont
Assumpsit. Declaration, for that one Elias Bascom, father ■of the defendant, was on the 1st day of May, 1854, indebted to the plaintiffs in the sum of fourteen dollars and fifty cents ; that on the 10th day of June, 1854, the said Alias died, leaving property of large value, to wit, five hundred dollars ; that the ■defendant was sole heir-at-law of said Elias, and entitled to all his estate, except what was necessary to pay his debts ; and that the defendant in consideration…
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Assumpsit. Declaration, for that one Elias Bascom, father ■of the defendant, was on the 1st day of May, 1854, indebted to the plaintiffs in the sum of fourteen dollars and fifty cents ; that on the 10th day of June, 1854, the said Alias died, leaving property of large value, to wit, five hundred dollars ; that the ■defendant was sole heir-at-law of said Elias, and entitled to all his estate, except what was necessary to pay his debts ; and that the defendant in consideration that the plaintiffs undertook and promised him that they would not present their claim to the commissioners on the…
1Opinion of the CourtKellogg, J.
It is urged on the part of the defendant against a recovery in this action, that his promise to pay the debt due from his deceased father to the plaintiffs, which is the cause of action declared on, is void under the statute of frauds, because it was not in writing and signed by him ; and that the consideration and promise declared on are different from the consideration and promise disclosed by the proof. A valuable consideration, however unequal, small, or nominal, if given or stipulated for in good faith, is, in the absence of fraud or statute provisions to the contrary, sufficient to…
2Cases cited1 opinion
- Cross v. RichardsonSupreme Court of Vermont · 1858
3Cited by6 opinions
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Conti v. JohnsonSupreme Court of Vermont · 1917
- Bellows v. SowlesSupreme Court of Vermont · 1884
- Bates v. LeclairSupreme Court of Vermont · 1877
- Ray v. HallenbeckU.S. Circuit Court for the District of Eastern New York · 1890
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