Carver v. Warren
Massachusetts Supreme Judicial Court
The declaration in this case states that one Job Cobb, at, &c., on, &c., by his promissory note in writing, for value received, promised the plaintiff to pay him, or order, * two hundred [ * 546 ] dollars in sixty days from the date with interest — and the defendant there afterwards, on the same day, by his writing, under his hand on the back of said note, for value received, promised the plaintiff to pay him the contents of said note agreeably to the tenor thereof.
1Opinion of the CourtParsons, C. J.
The sufficiency or insufficiency of the declara *424tian, is the issue in law before us. It is contended for the defendant, that his promise is to pay, not his own debt, but the debt of another, and that there is no consideration to support this collateral promise.
It is true that a promise to pay the debt of another is void, unless made on a sufficient consideration. But this principle does not appear applicable to the case before us. As this case is presented by the pleadings, Cobb and the defendant each assumes, for value received, to pay to the plaintiff, the same sum; Cobb’s promise being on…
2Cases cited3 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1811
- Coolidge v. RugglesMassachusetts Supreme Judicial Court · 1819
3Cited by10 opinions
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Gloucester Mutual Fishing Insurance v. BoyerMassachusetts Supreme Judicial Court · 1936
- Wells v. JacksonIndiana Supreme Court · 1841
- Barrows v. LaneSupreme Court of Vermont · 1832
- Studabaker v. CodyIndiana Supreme Court · 1876
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