Gibbs v. Blanchard
Michigan Supreme Court
Error to Kalamazoo Circuit. This was an action of assumpsit brought for the value of a horse. ■ The declaration contained a special count setting forth that in consideration that the plaintiff would Sell* the horse to Daily — one of the defendants below— -that " they (the defendants) would deliver their note to plaintiff for the sum of §60, payable in six months; that said horse was delivered to said Daily, but that defendants refused to give their said note or pay for the…
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Error to Kalamazoo Circuit. This was an action of assumpsit brought for the value of a horse. ■ The declaration contained a special count setting forth that in consideration that the plaintiff would Sell* the horse to Daily — one of the defendants below— -that " they (the defendants) would deliver their note to plaintiff for the sum of §60, payable in six months; that said horse was delivered to said Daily, but that defendants refused to give their said note or pay for the horse. The common counts were also added. A copy of a note for §60, signed by Daily and endorsed by Gibbs, was attached…
1Opinion of the Court
Christiancy J.
The main question in this case is whether the promise of Gibbs (one of the defendants below) comes within the second clause of the 'second section of our Statute of Frauds, as a “special promise to answer for the debt, default, or misdoings ” of Daily, the other defendant.
The declaration contains a special count upon the contract, and the common counts for goods sold and delivered. The special count sets forth that “in consideration that said plaintiff agreed to sell to the said Daily a certain horse which the plaintiff then and there had, of the value of sixty dollars,…
2Cases cited5 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
- Wainwright v. StrawSupreme Court of Vermont · 1843
- Russell v. OrmsbeeSupreme Court of Vermont · 1838
- Herrick v. BennettNew York Supreme Court · 1811
3Cited by18 opinions
- Calkins v. ChandlerMichigan Supreme Court · 1877
- Turner v. City of IndianapolisIndiana Supreme Court · 1883
- Barbour v. ThomasDistrict Court, E.D. Michigan · 1933
- Kladivo v. MelbergSupreme Court of Iowa · 1929
- City of Denver v. DeanSupreme Court of Colorado · 1887
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