Peabody v. Harvey
Supreme Court of Connecticut
This was an action of assumpsit. The declaration consisted of three counts. In the first, the plaintiff averred, “That on the 1st of August, 1819, one Augustus Bushnell was indebted to the plaintiff in several sums of money, amounting to 250 dollars, at that time due and payable; and thereupon the defendant, on said 1st day of August, in consideration of the premises, and that the plaintiff, at his the defendant’s special instance and request, would forbear and give day of…
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This was an action of assumpsit. The declaration consisted of three counts. In the first, the plaintiff averred, “That on the 1st of August, 1819, one Augustus Bushnell was indebted to the plaintiff in several sums of money, amounting to 250 dollars, at that time due and payable; and thereupon the defendant, on said 1st day of August, in consideration of the premises, and that the plaintiff, at his the defendant’s special instance and request, would forbear and give day of payment to the Raid Bushnell of the said sum of 250 dollars, or such sum as the said Bushnell was indebted to the…
1Opinion of the Court
Hosmer, Ch. J.
In the first count of the declaration, it is averred, that, in consideration that the plaintiff would forbear and give day of payment to one Bushnell, for a reasonable time, the defendant would pay to him the sum, in which Bushnell was indebted. And in the second count there are the same allegations, with this difference only, that instead of a promise to pay, the allegation is, of a promise to guaranty the payment.
To prove these allegations, the plaintiff adduced in evidence a note, given by Bushnell, to one Huntington, and by him assigned to the plaintiff, with the defendant’s…
2Cited by3 opinions
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Mansfield v. MansfieldSupreme Court of Connecticut · 1827
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959