Hodgkins v. Bond
Superior Court of New Hampshire
This was an action of assumpsit, founded upon the promise of the defendant to guaranty the payment of a note for 130 dollars, dated November 13, 1810, made by Rufus .and John Houghton, and payable to the plaintiff, or order, on de*-rnand, with interest.
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This was an action of assumpsit, founded upon the promise of the defendant to guaranty the payment of a note for 130 dollars, dated November 13, 1810, made by Rufus .and John Houghton, and payable to the plaintiff, or order, on de*-rnand, with interest. The cause was tried here at October term, 1816, upon the general issue, when the plaintiff produced the note mentioned in the declaration, which was admitted to have been made by the Houghtons, and proved that previous to the 20th February, 1811, he delivered it to one Jos. S. Corbin to be collected, and that on the said 20th February, 1811,…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
This is not an action against the party to the original contract, but is clearly distinguishable from that class of cases(1). Nor is it an action against one who put his name upon a blank paper, and delivered it to another, x x x _ . ' with authority to make him-a party to an original contraet(2). But the undertaking of the defendant must he considered as collateral to the original contract. It was strictly a promise to pay an existing debt of another(3). And this action cannot be maintained, unless there is some memorandum in writing of the…
2Cases cited12 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
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3Cited by3 opinions
- Martin v. BoydSuperior Court of New Hampshire · 1840
- Benton v. WillardSuperior Court of New Hampshire · 1845
- White v. HowlandMassachusetts Supreme Judicial Court · 1812