Clare v. Hatch
Massachusetts Supreme Judicial Court
Contract by one of two joint promisors of a promissory note for $1,000 against the other who had agreed to pay one half thereof, but had failed to do so, the plaintiff having been compelled to pay the whole note, to recover $500 and $30 interest thereon, with counts for money paid and an account annexed. Writ in the District Court of East Norfolk, dated August 11, 1899. The defendant filed an answer consisting of a general denial, and also a declaration in set-off.
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Contract by one of two joint promisors of a promissory note for $1,000 against the other who had agreed to pay one half thereof, but had failed to do so, the plaintiff having been compelled to pay the whole note, to recover $500 and $30 interest thereon, with counts for money paid and an account annexed. Writ in the District Court of East Norfolk, dated August 11, 1899. The defendant filed an answer consisting of a general denial, and also a declaration in set-off. The declaration in set-off alleged, that the defendant held a judgment of a Pennsylvania court against the Hatch Storage Battery…
1Opinion of the CourtHammond, J.
The promise set out in the declaration in set-off was made to, and upon a consideration moving from, the corporation alone. The defendant, although he might be benefited by the performance of the contract, was not a party to it, and he still holds the corporation upon his judgment. Under the decisions of this court it is clear that the case comes within the general rule that a person who is not a party to a contract and , from whom no consideration moves cannot maintain an action at law upon it. Mellen v. Whipple, 1 Gray, 317. Exchange Bank v. Rice, 107 Mass. 37, and cases cited. Borden v.…
2Cases cited2 opinions
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Borden v. BoardmanMassachusetts Supreme Judicial Court · 1892
3Cited by8 opinions
- Forbes v. ThorpeMassachusetts Supreme Judicial Court · 1911
- First National Bank v. MatheyMassachusetts Supreme Judicial Court · 1941
- Pike v. Anglo-South American Trust Co.Massachusetts Supreme Judicial Court · 1929
- Vandalia Railway Co. v. KeysIndiana Court of Appeals · 1910
- Tobin v. Central Vermont Railway Co.Massachusetts Supreme Judicial Court · 1904
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