Bassett v. Hughes
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action for the balance of an indebtedness due originally from Hugh W. Hughes (defendant’s father) to the plaintiffs. In April, 1870, Hugh "W. Hughes conveyed to the defendant certain real estate and all of his personal property, in consideration whereof defendant covenanted, among other tilings, to pay all debts of the former. This covenant is contained in a bond executed by defendant to said Hugh W. Huglies.
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APPEAL from the Circuit Court for Dodge County. Action for the balance of an indebtedness due originally from Hugh W. Hughes (defendant’s father) to the plaintiffs. In April, 1870, Hugh "W. Hughes conveyed to the defendant certain real estate and all of his personal property, in consideration whereof defendant covenanted, among other tilings, to pay all debts of the former. This covenant is contained in a bond executed by defendant to said Hugh W. Huglies. When the bond was executed, the covenantee owed plaintiffs the demand in suit, for which they held his note. The defendant knew of the…
1Opinion of the CourtLyon, J.
1. It is settled in this state, that when one person, for a valuable consideration, engages with another to do *321some act for the benefit of a third person, the latter may maintain an action against the former for a breach of snch engagement. This rule applies as well to covenants under seal, as to simple contracts. McDowell v. Laev, 35 Wis., 171, and cases cited. In the present case, the defendant, for a valuable consideration, engaged with his father to pay the debt which the latter owed the plaintiffs, and, within the above rule, the plaintiffs may maintain this action to recover the unpaid…
2Cases cited2 opinions
- Kelly v. . RobertsNew York Court of Appeals · 1869
- McDowell v. LaevWisconsin Supreme Court · 1874
3Cited by32 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Webster v. FlemingIllinois Supreme Court · 1899
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Baker v. EglinOregon Supreme Court · 1884
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