Dows v. Swett
Massachusetts Supreme Judicial Court
Contract upon a promise of the defendant to pay the note of a third person to the plaintiff, upon default of the promisor. The answer set up the statute of frauds.
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Contract upon a promise of the defendant to pay the note of a third person to the plaintiff, upon default of the promisor. The answer set up the statute of frauds. At the trial in the Superior Court, before Pitman, J., without a jury, it appeared that the plaintiffs sold to the defendant certain goods, taking in part payment his due bill, which was reduced by subsequent payments to $200. For this balance the defendant offered to the plaintiffs the note of one Robinson, payable to their order, which they accepted, and at the same time they gave up the said due bill in settlement, and he orally…
1Opinion of the CourtGray, C. J.
The defendant was doubtless once liable for the goods sold and delivered to him, and upon the due bill which, upon paying part of the price of the goods, he gave to the plaintiffs for the balance. But upon his procuring and delivering to them the note of Robinson, as the bill of exceptions states, “ they at the same time gave up the said due bill to him in settlement,” md he orally promised to pay Robinson’s note at maturity, if Robinson did not. The claim of the plaintiffs, and the finding of the court, did not proceed upon the defendant’s liability for goods sold, but solely upon this oral…
2Cases cited4 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
- Gill v. HerrickMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- Kiernan v. KratzOregon Supreme Court · 1902
- Wilson v. HentgesSupreme Court of Minnesota · 1882
- Dows v. SwettMassachusetts Supreme Judicial Court · 1879
- Stratton v. HillMassachusetts Supreme Judicial Court · 1883
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