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" that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it. "
Reports of Cases Decided in the Court of Chancery of the State of New Jersey - Page 152
by New Jersey. Court of Chancery - 1877
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Reports of Cases Argued and Determined in the Court of ..., Volume 2; Volume 15

Great Britain. Court of Common Pleas, William Pyle Taunton - 1811 - 384 pages
...Marchington v. Fernoh, 1 Bos. Sf Pull. IQl.innatis. were cited in a note to Pigolt v. Thompson, to shew that if one person makes a promise to another for the benefit of a third, that third may maintain an action upon it. It is said that either the agent or the principal may sue...
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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Volume 5

Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - Law reports, digests, etc - 1822 - 600 pages
...it. For the law seems well settled now, whatever contradiction may be in the more ancient cases, that if one person makes a promise to another, for the benefit of a third, that third may maintain an action on it. But the declaration of Hassinger to Eberth, may be considered...
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Reports of Cases Adjudged in the Court of Chancery of New-York ..., Volume 3

New York (State). Court of Chancery, William Johnson - Equity - 1819 - 688 pages
...PARTNERSHIP, 3. PLEADING, -IV. 20. PRACTICE. USURY, 3. / Action of account, vide ACTION, 2. ACTION. I. If one person makes a promise to another, for the benefit of a third, that third person may maintain an action at law on the promise. Duke of Cumberland and others v. Codrington...
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Cases in Bankruptcy, Volume 1

John William Buck, John Scott Earl of Eldon, Sir Thomas Plumer, Sir John Leach, Great Britain. Court of Chancery - Bankruptcy - 1820 - 724 pages
...Duller, J. is reported to have said, " Independent of the Rules which prevail in mercantile Transactions, if one Person ' makes a Promise to another ' for the Benefit of a third, that * third Person may maintain an * Action upon it." Marchinglon v. Vernon, 1 Bos. & Pull. 101. (na)....
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The American Jurist and Law Magazine, Volume 4; Volume 22

Law - 1843 - 516 pages
...performed by her father." It is now well settled, as a general rule, that in cases of simple contracts, if one person makes a promise to another, for the benefit of a third, the third may maintain an action upon it, though the consideration does not move from him. There are...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 36

Vermont. Supreme Court - Law reports, digests, etc - 1865 - 828 pages
...by the plaintiff on the contract. But there are many American cases in which it has been held that if one person makes a promise to another, for the benefit of a third, such third person may maintain an action upon the promise, though the consideration does not move from...
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Commentaries on the Law of Bills of Exchange: Foreign and Inland, as ...

Joseph Story - Bills of exchange - 1847 - 704 pages
...honor the Bill, Buller, J. said; Independent of the rules, which prevail in mercantile transactions, if one person makes a promise to another for the benefit of a third, that third person may maintain an action upon it. See Comb. R. 219 ; 8 Mod. R. 117 ; also Dutton v....
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Commentaries on American Law, Volume 2

James Kent - Law - 1848 - 1046 pages
...Brath wait , Hob. 1 05. But it is understood to be now settled, that in a case of simple contract, if one person makes a promise to another for the benefit of a third party, the third party may maintain an action upon it, though the consideration does not move from him. Dutton...
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A Treatise on Pleading and Parties to Actions: With Second and ..., Volume 1

Joseph Chitty - Forms (Law) - 1851 - 900 pages
...defendant promising to purchase for his sister, the plaintiff's wife, a cherry desk. The court said, where one person makes a promise to another for the benefit of a third, that third person may maintain an action on such promise. This case has ever since been considered...
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A Treatise on the Law of Evidence, Volume 2

Simon Greenleaf - Evidence (Law) - 1854 - 784 pages
...said, and after some conflict of opinion it seems now to be settled, that, in cases of simple contract, if one person makes a promise to another, for the benefit of a third, the latter may maintain an action upon it, though the consideration did not move from him.1 Drinkwater,...
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