Baxter v. Camp
Supreme Court of Connecticut
Action to recover damages upon a written instrument in the nature of a promissory note, or for other proper relief, brought to the Court of Common Pleas in New Haven County and tried to the court, Bishop, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The finding showed these facts: The defendant was married after 1877 to Edith E. Smith, who then had one child, the plaintiff.
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Action to recover damages upon a written instrument in the nature of a promissory note, or for other proper relief, brought to the Court of Common Pleas in New Haven County and tried to the court, Bishop, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The finding showed these facts: The defendant was married after 1877 to Edith E. Smith, who then had one child, the plaintiff. She furnished him money to use in his business, and he made a will in her favor. She expressed a fear lest he might change it, and he…
1Opinion of the CourtBaldwin, J.
The main question in this case is whether an action upon a simple contract, by the performance of which a third party would receive a direct benefit, can be maintained by him.
The general principles, upon the application of which the answer must depend, are well settled. Briefly stated, they are these: An action at law for the breach of a contract can only be brought by a party to the contract. It rests on a violation of an obligation to the plaintiff which the defendant had assumed and promised him to perform. Ifthe contract does not state in express terms to whom the promise is made, the law…
2Cases cited9 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
- Barber's Appeal From ProbateSupreme Court of Connecticut · 1893
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3Cited by39 opinions
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- Vincent v. Mutual Reserve Fund Life Asso.Supreme Court of Connecticut · 1904
- Baurer v. DevenisSupreme Court of Connecticut · 1923
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