Cabot v. Haskinn
Massachusetts Supreme Judicial Court
Assumpsit to recover the sum of 1000 dollars, with interest from the 10th of December, 1818. At the trial it appeared that the defendants, being in failing circumstances, on the 26th of February, 1817, assigned all their property, real and personal, to the plaintiffs and W. Lovering junior, in trust, in the first place, to pay ail bonds and debts owing from the defendants to the United States, and afterwards to pay other creditors in proportion to their respective debts, in…
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Assumpsit to recover the sum of 1000 dollars, with interest from the 10th of December, 1818. At the trial it appeared that the defendants, being in failing circumstances, on the 26th of February, 1817, assigned all their property, real and personal, to the plaintiffs and W. Lovering junior, in trust, in the first place, to pay ail bonds and debts owing from the defendants to the United States, and afterwards to pay other creditors in proportion to their respective debts, in case the property should be insufficient to pay the whole of such debts. This assignment was cancelled on the 25th of…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. The first objection stated to the verdict in this case is, that admitting the promise, as declared on, to be proved, yet it appears that the consideration moved as well from Lovering, who was no parly to the promise or to the action, as from the three plaintiffs, and therefore that the action cannot be maintained ; but, we think ;t immaterial from whom the consideration, if it be a sufficient foundation for a valid promise, passed. We think there is no doubt, if A advances money to B, who in consideration thereof at A’s request promises to pay…
2Cases cited7 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Prince v. BartlettSupreme Court of the United States · 1814
- Little v. MartinNew York Supreme Court · 1829
- Random v. SwartzSupreme Court of Pennsylvania · 1795
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