Underhill v. Gibson
Superior Court of New Hampshire
A promise is not void for want of consideration, if, in consequence of the promise, the promisee incurs a liability to a third person. In such case it is immaterial whether the person who made the promise, or he on whose behalf it was made, were either of them previously subject to any action in favor of the promisee. Such promise, being original and not collateral to any precedent debt of the person in whose behalf it was made, is not within the statute of frauds.
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A promise is not void for want of consideration, if, in consequence of the promise, the promisee incurs a liability to a third person. In such case it is immaterial whether the person who made the promise, or he on whose behalf it was made, were either of them previously subject to any action in favor of the promisee. Such promise, being original and not collateral to any precedent debt of the person in whose behalf it was made, is not within the statute of frauds. If it be made in behalf of a corporation, by an agent, using no language applicable to the corporation; and if the power of the…
1Opinion of the Court
Woodbury, J.,*
delivered the opinion of the court.
As the defendants have taken no exception to the form of the declaration, we shall consider the case solely upon its mcri'c.
The action is, in substance, for the Value of certain relief, furnished by the town of Chester to paupers, whose legal settlement was in Rumney. Bui our statutes confer on corporations alone a right of action for relief furnished to paupers. 1 N. H. Laws 360.—1 N. H. Rep. 52, Mace vs. Nottingham-West. They subject to an action for such relief, corporations alone and relations of sufficient ability. Hence it follows, that…
2Cases cited19 opinions
- Randall v. Van VechtenNew York Supreme Court · 1821
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Elwell v. ShawMassachusetts Supreme Judicial Court · 1819
- Skinner v. DaytonNew York Supreme Court · 1822
- Rice v. StearnsMassachusetts Supreme Judicial Court · 1807
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3Cited by5 opinions
- Girard v. Town of AllenstownSupreme Court of New Hampshire · 1981
- Brown v. RundlettSuperior Court of New Hampshire · 1844
- Harris v. School District No. 10Superior Court of New Hampshire · 1853
- Moor v. WilsonSuperior Court of New Hampshire · 1853
- Piper v. MeredithSupreme Court of New Hampshire · 1970