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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. "
Cases in Bankruptcy - 14 ページ
John William Buck, John Scott Earl of Eldon, Sir Thomas Plumer, Sir John Leach, Great Britain. Court of Chancery 著 - 1820 - 694 ページ
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., 第 1 巻

Morris March Estee - 1886 - 728 ページ
...the court said: " The doctrine is well settled in this state that if, by a contract not under seal, one person makes a promise to another for the benefit of a third, the third may maintain an action on it, though the consideration did not move from him."1 The action...

The American Decisions: Containing All the Cases of General Value ..., 第 43 巻

1886 - 866 ページ
...promise made by the defendant to John C. Schemerhorn. The court eaid: " We are of opinion that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action on such promise. This was the doctrine of the king's...

Harvard Law Review, 第 21 巻

1908 - 714 ページ
...Supreme Court of this state, upon what was then regarded as the settled law of England, ' 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.' Schermerhorn v. Vanderheyden (i Johns. 140)...

The Southwestern Reporter, 第 44 巻

1898 - 1234 ページ
...of the purchase price, he Is liable In an action by the mortgagee, upon the principle that, when a person makes a promise to another for the benefit of a third person, such third person may maintain an action thereon, and such promise, though verbal, is not within...

A Selection of Leading Cases on Various Branches of the Law: With Notes, 第 1 巻

John William Smith - 1888 - 846 ページ
...though he be not a party to it, is Joslin v. New Jersey Car Spring Co., 7 Vroom 141, where it is said, " If one person makes a promise to another, for the benefit of a third, the third may maintain an action on it, though the consideration does not move from him." Also Kollock...

The Northwestern Reporter, 第 39 巻

1888 - 1038 ページ
...part of tiie price to be paid, agrees to discharge the mortgage debt. It is well settled that where one person makes a promise to another for the benefit of a third, the party to be benefited may maintain an action on the promise. Mcffose v. Dutton, 55 Iowa, 730, 8...

McClain's Annotated Code and Statutes of the State of Iowa: Showing ..., 第 1 巻

Iowa, Emlin McClain - 1892 - 446 ページ
...thereto, may sue thereon: Knott v. Dubuque A SCR Co., 51 NWR, 57; Gooden v. Rayle, 62 NWR, 506. Where one person makes a promise to another for the benefit of a third, the party to be benefited may maintain an action on 'the promise, but if the primary object was to...

A Treatise on the Law and Practice of Foreclosing Mortgages: On Real ...

Charles Hastings Wiltsie - 1889 - 1248 ページ
...securities which his debtor has obtained to re-enforce the primary obligation ;' and second, the theory that if one person makes a promise to another for the benefit of a third person, that third person may maintain an action on the promise.' The first of these 39 Barb. (NY)...

Lawyers' Reports Annotated, 書籍 7

1890 - 950 ページ
...heir could not have sued at law for that money, as so much received for his use. It has been held lhat if one person makes a promise to another, for the benefit of a third person, that third person may maintain an action at law on that promise." 8 Johns. Ch. 254. That an...

The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1890 - 766 ページ
...within the principle of the decision of Schermerhorn v. Vanderheyden, i Johns. (NY) 139, that, "where one person makes a promise to another for the benefit of a third person, that third person may maintain an action on such promise." That decision was based on the case...




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