Chapin v. Lapham
Massachusetts Supreme Judicial Court
Assumpsit to recover the amount paid by the plaintiff on a note signed by himself and Lilburn Lapham, dated February 3, 1834. Trial before Morton J. It appeared, that when the note was given the defendant resided in Rhode Island, and that Lilburn was his minor son, residing and doing business in Palmer, in Massachusetts. The plaintiff paid the note on February 22, 1835. He was a surety merely, having received no part of the consideration.
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Assumpsit to recover the amount paid by the plaintiff on a note signed by himself and Lilburn Lapham, dated February 3, 1834. Trial before Morton J. It appeared, that when the note was given the defendant resided in Rhode Island, and that Lilburn was his minor son, residing and doing business in Palmer, in Massachusetts. The plaintiff paid the note on February 22, 1835. He was a surety merely, having received no part of the consideration. The plaintiff relied on the ground, that prior to the giving of the note, the defendant requested him to assist Lilburn in his business, whenever he should…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The foundation of the action is this ; the defendant’s minor son, having undertaken to transact business on his own account, at a distance from his father, the defendant requested the plaintiff to assist the son in his business, and promised to indemnify him against any loss he might incur, in so doing. One ground of defence was, that this was an undertaking to be answerable for the debt or default of another, and as such no action could be maintained upon it without a promise in writing conformably to the statute of frauds. But the judge…
2Cases cited1 opinion
- Chapin v. MerrillNew York Supreme Court · 1830
3Cited by3 opinions
- Minick v. HuffNebraska Supreme Court · 1894
- Cities Service Oil Co. v. Celanese Corp. of AmericaDistrict Court, D. Delaware · 1953
- Feiler v. RosenbloomCourt of Special Appeals of Maryland · 1980