Wheeler v. Wheeler
Supreme Court of Vermont
This was an action of assumpsit on an insimul computasset for $557,05. The defendant filed the following plea, in bar: That before the 20th day of May, 1833, when the accounting, on which the plaintiff' declared was had, sundry dealings had occurred between the plaintiff and this defendant, the charges of which, on the part of the said Reuben, came down to the year 1830 and no later, and remained unliquidated, and that after that time, in consequence, of certain losses by…
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This was an action of assumpsit on an insimul computasset for $557,05. The defendant filed the following plea, in bar: That before the 20th day of May, 1833, when the accounting, on which the plaintiff' declared was had, sundry dealings had occurred between the plaintiff and this defendant, the charges of which, on the part of the said Reuben, came down to the year 1830 and no later, and remained unliquidated, and that after that time, in consequence, of certain losses by fire, this defendant became insolvent and was unable to pay the full amount of his debts, and, by reason thereof, a…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
It is not every agreement, however deliberately made, by persons capable to contract, which the law will enforce ; nor is it true that the courts of common law have ever taken their suitors under guardianship to set aside contracts, merely because imprudently made. There is one ingredient always necessary, that is, a legal and sufficient consideration. Without this, contracts, executed or executory, are always disregarded by courts, unless thereby innocent third persons would be injured or defrauded. The performance of that, to which a man…
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- Bowker v. HarrisSupreme Court of Vermont · 1858
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