Britton v. Angier
Supreme Court of New Hampshire
Assumpsit. The first count alleged that on the 10th of March, 1862, there was an unsatisfied judgment rendered in the Supreme Judicial Court in favor of one Esty against Robert Barnet, deceased, as administrator of the estate of Samuel Long, and the- plaintiff, for $100, and another judgment in favor of one Williams against Robert Barnet as such administrator, for the other sum of $100, and then the defendant by a certain agreement in writing by him duly signed and delivered…
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Assumpsit. The first count alleged that on the 10th of March, 1862, there was an unsatisfied judgment rendered in the Supreme Judicial Court in favor of one Esty against Robert Barnet, deceased, as administrator of the estate of Samuel Long, and the- plaintiff, for $100, and another judgment in favor of one Williams against Robert Barnet as such administrator, for the other sum of $100, and then the defendant by a certain agreement in writing by him duly signed and delivered to the plaintiff agreed to clear and save the plaintiff from all liabilities in favor of or against said Samuel Long or…
1Opinion of the CourtPerley, C. J.
Two questions have been raised on this case :
1. Is the writing produced by the plaintiff a compliance with the statute, which requires a promise to answer for the debt of another, and a promise by an executor or administrator to pay a debt out of his own estate, to be in writing ?
2. On the facts alleged in the second count of the declaration, is this case within the statute ?
The objection made to the writing is that it does not express the consideration of the promise. The statute requires such a promise to be in writing; and the question on this part of the case is whether in construction…
2Cases cited7 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Reed v. HolcombSupreme Court of Connecticut · 1863
- Sage v. WilcoxSupreme Court of Connecticut · 1826
- Thompson v. HallSupreme Court of Alabama · 1849
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