Hawes v. Smith
Supreme Judicial Court of Maine
This action, which was assumpsit upon the special contract of the defendant, hereafter stated, was submitted for the opinion of the Court upon the following agreed statement of facts.
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This action, which was assumpsit upon the special contract of the defendant, hereafter stated, was submitted for the opinion of the Court upon the following agreed statement of facts. On the 3d day of October, 1833, one Greenlief C. Neally, a debtor of the plaintiffs, being under arrest at their suit in Bangor, was discharged therefrom on his procuring the defendant to execute the following agreement in writing with the plaintiffs, viz : “ Bangor, Oct. 3d, 1833. “ Whereas Greenlief C. Neally has been arrested in this “ place, at the suit of Hawes 8f Lyon of Boston, and is now un- “ dor arrest…
1Opinion of the Court
Parris J.
—■ In giving a construction to this contract it is proper to take into consideration the situation of all the parties at the time it was entered into. The promise ivas made for the benefit of Neally and to procure his release from arrest.
The introduction to the contract shows that this was the consideration of the promise ; and this mode was adopted to effect the object rather than the usual course of taking bail for' appearance. By procuring bail Neally would have been entitled to liberation, and the responsibility of the bail, would be satisfied by producing the debtor to the…
2Cases cited4 opinions
- Commonwealth v. RoarkMassachusetts Supreme Judicial Court · 1851
- Kingman v. PierceMassachusetts Supreme Judicial Court · 1821
- M'Williams v. MartinSupreme Court of Pennsylvania · 1825
- Greenough v. StephensonMassachusetts Supreme Judicial Court · 1809
3Cited by1 opinion
- Easterbrook v. Hebrew Ladies Orphan SocietySupreme Court of Connecticut · 1912