Lampson v. Estate of Hobart
Supreme Court of Vermont
Appeal frota the decision of the commissioners on the estate of Adam Hobart, disallowing the plaintiff’s claim. The plaintiff filed a declaration in assumpsit. Plea, the general issue ; trial by the court, by agreement of parties, January Term, 1856, — Under-Wood, J., presiding.
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Appeal frota the decision of the commissioners on the estate of Adam Hobart, disallowing the plaintiff’s claim. The plaintiff filed a declaration in assumpsit. Plea, the general issue ; trial by the court, by agreement of parties, January Term, 1856, — Under-Wood, J., presiding. It appeared that in June, 1849, one Edward Hobart and one Dubois, partners under the firm of Hobart & Dubois, were indebted to the plaintiff in the sum of $140 for labor, and at the same time were owing the intestate a larger sum, some $5,000. At that time Hobart & Dubois failed, and the plaintiff was about to secure…
1Opinion of the Court
*700The opinion of the court was delivered by
RedEield, Ch. J.
The decisions are so conflicting upon the question what is requisite to take a promise to pay the debt of another out of the statute of frauds, that it is impossible to reconcile them. Some go so far as to say, that where the undertaking is upon any new and independent consideration, subsequent to the creation of the original debt, it is never to be regarded as -within the statute. Upon this rule of construction, if the promise of guaranty of another’s debt were made subsequent to the date of the original debt, it would make no…
2Cases cited2 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Russell v. BabcockSupreme Judicial Court of Maine · 1836
3Cited by6 opinions
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Cross v. RichardsonSupreme Court of Vermont · 1858
- Conti v. JohnsonSupreme Court of Vermont · 1917
- Bellows v. SowlesSupreme Court of Vermont · 1884
- Smith v. Estate of RogersSupreme Court of Vermont · 1862
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