Herrick v. Johnson
Massachusetts Supreme Judicial Court
This was an action of debt, and the declaration was as follows : “ That the said defendant, at Boston, by his indenture, signed, sealed and duly executed and delivered, and dated on the 1st day of December 1842, for and in consideration that the plaintiff would then and there enter into the service of one Danin, in the capacity of an engineer, and would take care of a certain steamboat, called the Danin, and her machinery, as fully set forth in and by the aforesaid…
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This was an action of debt, and the declaration was as follows : “ That the said defendant, at Boston, by his indenture, signed, sealed and duly executed and delivered, and dated on the 1st day of December 1842, for and in consideration that the plaintiff would then and there enter into the service of one Danin, in the capacity of an engineer, and would take care of a certain steamboat, called the Danin, and her machinery, as fully set forth in and by the aforesaid indenture, he the said defendant then and there promised and agreed to be responsible for one half of the salary payable by him…
1Opinion of the Court
The opinion of a majority of the court was delivered by
Wilde, J.
This is an action of debt, founded on an indenture tripartite, duly executed by the plaintiff and the defendant, but not executed by Joaquim F. Danin, the other party to the indenture; and the question is, whether, by his omission to execute the indenture, the defendant is discharged from the obligation of his covenant with the plaintiff.
To determine this question, we are first to consider the tacts and circumstances upon which the defendant’s alleged liability depends. These appear by the recital in the preamble of the…
2Cases cited4 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- Marston v. BaldwinMassachusetts Supreme Judicial Court · 1822