Benson v. Walker
Superior Court of Delaware
This was an appeal from the judg.meat of a justice of the peace in an action of assumpsit by Walker vs. Benson. It was tried at the April term, 1848. The plaintiff’s case was this:—James T. Slack, a workman in the employment of Benson, being indebted to Walker to the amount of $50 20, Walker called on Benson to secure his money, when Benson told him if he would get an order from Slack to that amount, he would accept and pay it.
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This was an appeal from the judg.meat of a justice of the peace in an action of assumpsit by Walker vs. Benson. It was tried at the April term, 1848. The plaintiff’s case was this:—James T. Slack, a workman in the employment of Benson, being indebted to Walker to the amount of $50 20, Walker called on Benson to secure his money, when Benson told him if he would get an order from Slack to that amount, he would accept and pay it. Benson owed Slack about $60; and told him that if-he gave any orders to that amount, he would accept them. Walker sent his clerk to Slack to demand the money; and,…
1Opinion of the Court
The Court refused the motion for a nonsuit; and the jury after-wards found a verdict for the plaintiff for $60 20, subject to the opinion of the court on the question of law arising on the above stated facts.
The matter was again argued at the next term.
Bates, jr.—The case presents no contract of Benson with Walker. It was a simple declaration by Benson of his willingness to pay an order, if Walker should get one from Slack. There was no response to it by Walker. It was not even a proposition for a contract; nothing forming a consideration. It was simply a statement by a debtor of Slack, that…
2Cases cited1 opinion
- Regan v. Superior CourtCalifornia Court of Appeal · 1910