Wills v. Cutler
Supreme Court of New Hampshire
Assumpsit. Facts found by a referee. In 1880, Otterson & Co. were carrying on business in an iron foundry at Nashua, and in December of that year they became embarrassed from want of funds ; and thereupon they made a sale and transfer of their business and property to the defendants.
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Assumpsit. Facts found by a referee. In 1880, Otterson & Co. were carrying on business in an iron foundry at Nashua, and in December of that year they became embarrassed from want of funds ; and thereupon they made a sale and transfer of their business and property to the defendants. At that time there were about thirty workmen in the foundry, who bad been at work for a considerable time, and some of them for several years previously, in tbe same foundry, under its proprietors for tbe time being; and at the time of the sale there were due to those workmen arrears of pay for one balf of their…
1Opinion of the CourtBlodgett, J.
While it is impossible to reconcile all the decisions upon that branch of the statute of frauds pertaining to the promise of one person for the debt, default, or miscarriage of another, the decision of this case, so far as it relates to the statute, only requires the application of well settled principles.
1. Tbe practical effect of Reed’s promise to the plaintiff and the other workmen was to pay them a bonus for their labor in order to secure it. It was an absolute engagement to pay them the wages due from the old firm, provided they should go to work for the defendants at the same wages they…
2Cases cited1 opinion
- Emerson v. SlaterSupreme Court of the United States · 1860
3Cited by3 opinions
- Guth v. Texas Co.Court of Appeals for the Seventh Circuit · 1946
- Atto v. SaundersSupreme Court of New Hampshire · 1915
- McDonald v. FernaldSupreme Court of New Hampshire · 1894