Delaware & Hudson Canal Co. v. Westchester County Bank
New York Supreme Court
Demurrer to the declaration. The plaintiffs declared in assumpsit, setting forth in substance, that on the second day of December, 1843, the plaintiffs were the holders of a check drawn in their favor by Gilbert & Seymour, on the defendants’ bank, for $430,43, payment of which, on presentation, had been refused by the defendants; that afterwards, to wit, &c., Gilbert & Seymour were the holders of a bill of exchange drawn upon and accepted by S. K,. Spellman of the city of…
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Demurrer to the declaration. The plaintiffs declared in assumpsit, setting forth in substance, that on the second day of December, 1843, the plaintiffs were the holders of a check drawn in their favor by Gilbert & Seymour, on the defendants’ bank, for $430,43, payment of which, on presentation, had been refused by the defendants; that afterwards, to wit, &c., Gilbert & Seymour were the holders of a bill of exchange drawn upon and accepted by S. K,. Spellman of the city of New-York, for $450, payable in ninety days, and that Gilbert & Seymour afterwards, on the same day, &c., at the special…
1Opinion of the Court
By the Court, Jewett, J.
Whether, when one person makes a promise to another for the benefit of a third, such third, person can maintain an action upon it, though the consideration does not move from him, has been a question involved in a conflict of opinion, as well at the bar, as, to some extent, in the judicial decisions ; but we consider it now well settled, as a general rule, that in cases of simple contracts, the person for whose benefit the promise is made may maintain an action in his own name upon it, although the consideration does not move from him. (Dutton v. Poole, 1 Ventr. 318,…
2Cases cited1 opinion
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
3Cited by26 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
- Kelly v. . RobertsNew York Court of Appeals · 1869
- Mathonican v. Scott & BaldwinTexas Supreme Court · 1894
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