Forster v. Fuller
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note subscribed by the defendant, of the tenor following, viz.: — “ Cambridge, Nov. 2, 1808. For value received, I, Timothy Fuller, as guardian of Edward Scott, of Cambridge, in the county of Middlesex, promise Joseph Forster to pay him two hundred, and, three dollars and seventy-two cents in six months and interest.
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Assumpsit on a promissory note subscribed by the defendant, of the tenor following, viz.: — “ Cambridge, Nov. 2, 1808. For value received, I, Timothy Fuller, as guardian of Edward Scott, of Cambridge, in the county of Middlesex, promise Joseph Forster to pay him two hundred, and, three dollars and seventy-two cents in six months and interest. Timothy Fuller, guardian The cause was submitted to the decision of the Court upon an' agreed statement of facts, from which it appears that one Edward Scott was originally a debtor of the plaintiff by note, on which he had recovered a judgment and…
1Opinion of the CourtParsons, C. J.
The plaintiff’s right to recover upon the facts agreed is the point submitted to the Court in this action. Two objections are made by the defendant ;•— that the note is without a sufficient consideration; —and that, by force of it, Scott or his estate are only chargeable.
As to the first objection, it is true that the defendant has received no consideration for signing the note; but it is equally true that the plaintiff, by discharging Scott from prison, has no remedy on his judgment; which is a sufficient consideration for the defendant’s promise ; for a damage to the promisee, as well as…
2Cited by58 opinions
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- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
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