Warren v. Wheeler
Supreme Judicial Court of Maine
This was an action of assumpsit, brought upon a written agreement made upon the back of a bond given by the defendant to one Kimball. On June 11, 1835, the defendant gave his bond, under his hand and seal, to Jedediah Kimball, in the penal sum of six thousand dollars, having this condition.
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This was an action of assumpsit, brought upon a written agreement made upon the back of a bond given by the defendant to one Kimball. On June 11, 1835, the defendant gave his bond, under his hand and seal, to Jedediah Kimball, in the penal sum of six thousand dollars, having this condition. “ The condition of the above obligation is such, that whereas the said Wheeler contracted with the said Kimball to sell and convey to the said Kimball, or his assigns, a tract of land in Bangor, being all that part of the lot that was purchased by said Wheeler of John M, Prince, which lies northwesterly of…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
— The first objection is to the form of the action. In the case of Fenner v. Mears, 2 Bl. R. 1269, the defendant made a bond to one Cox, and indorsed upon it an agreement to pay to any assignee of Cox; the plaintiff, being such assignee, maintained assumpsit on that agreement. That case has been approved in many subsequent cases. It is then said, the promise to the plaintiff is not binding for want of *490consideration and of mutuality. In the case of Innes v. Wallace, 8 T. R. 595, the Court say, “ they were clearly of opinion, that the assignment…
2Cases cited1 opinion
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
3Cited by7 opinions
- Adams v. PowerMississippi Supreme Court · 1873
- Garford Motor Truck Co. v. BucksonSuperior Court of Delaware · 1927
- St. Louis, I. M. & S. Ry. Co. v. EdwardsCourt of Appeals for the Eighth Circuit · 1897
- Wood v. Rutland & Addison Mutual Fire InsuranceSupreme Court of Vermont · 1859
- Pelletier v. DwyerSupreme Judicial Court of Maine · 1975
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