Nelson v. Boynton
Massachusetts Supreme Judicial Court
Assumpsit to recover the amount of two promissory notes, dated April 1st 1828, each for the sum of $20, one payable in six months, and the other in twelve months from date, with interest after, given by Ebenezer Boynton, the father of the defendant, to the plaintiff.
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Assumpsit to recover the amount of two promissory notes, dated April 1st 1828, each for the sum of $20, one payable in six months, and the other in twelve months from date, with interest after, given by Ebenezer Boynton, the father of the defendant, to the plaintiff. At the trial before Cummins, J. in the court of common pleas, evidence was given that the plaintiff, in 1834, commenced a suit against said Ebenezer, on said notes, and attached his real estate ; that the present defendant, while said estate was so under attachment, and before said action was entered in court, orally promised the…
1Opinion of the CourtShaw, C. J.
Questions depending upon this branch of the statute of frauds are often attended with some perplexity, on account of the difficulty in laying down a general rule, by which to distinguish a guaranty, or mere collateral promise for the debt of another, from an original agreement, upon a new and independent consideration, when the subject of the contract is the debt or default of another.
Our own statute is in terms so nearly like the statute 22 Car. II. to prevent frauds and perjuries, that the English authorities upon its construction are entitled to the same consideration, as upon questions of…
2Cases cited7 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Townsley v. SumrallSupreme Court of the United States · 1829
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Farley v. ClevelandNew York Supreme Court · 1825
- Jackson v. RaynerNew York Supreme Court · 1815
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Treasure Valley Plumbing & Heating, Inc. v. Earth Resources Co.Idaho Court of Appeals · 1988
- Gable v. GraybillSuperior Court of Pennsylvania · 1895
- Vaughn v. SmithSupreme Court of Iowa · 1885
- Waggoner v. DavidsonMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.