US SUPREME COURT DECISIONS

A letter from the defendants to J. M. saying that they would be his security for 130 barrels of corn, payable in 12 months, will maintain an action of assumpsit against the defendants by any person who, upon the faith of the letter, shall have given credit to J. M. for the corn.

If money be delivered by A to B to be paid over to C, although no promise is made by B to C, yet C may recover the money from B by an action of assumpsit.

This was an action of assumpsit, brought by Mason against Lawrason, surviving partner of the firm of Lawrason & Smoot, upon the following note: chanrobles.com-red

Page 7 U. S. 493

"Alexandria, 28 November, 1800"

"Mr. James McPherson,"

"Dear Sir."

"We will become your security for one hundred and thirty barrels of corn, payable in twelve months."

"LAWRASON & SMOOT"

The declaration contained several counts laying the assumpsit in different forms, but the substance of each was that the plaintiff, relying on and placing confidence in the promise of the defendants, and at their instance and request, sold and delivered the corn to McPherson, at the price of three dollars a barrel, who, although requested, never paid the plaintiff therefor, of which the defendants had notice, whereby the defendants became liable, and, in consideration thereof, promised to pay. The defendants pleaded the general issue, and at the trial a verdict was taken for the plaintiff, subject to the opinion of the court upon a demurrer to evidence, which stated in substance that the defendants signed and delivered the said note to McPherson -- that he applied to the agent of the plaintiff for the corn, and offered three dollars a barrel, payable in twelve months -- that the agent consulted the plaintiff, who agreed that McPherson should have the corn on those terms, if he would give security -- that McPherson then offered as his security, Lawrason & Smoot. The agent agreed to take them if they would give their assumption in writing. In a few days afterwards, McPherson sent to the agent the said note of Lawrason & Smoot. Before the corn was delivered, the agent informed the plaintiff what had passed between himself and McPherson relative to the corn, and also showed him the note and asked him whether it would do, to which he replied he supposed it would. But they called upon Lawrason and asked him if he was content to be McPherson's security for this corn. He hesitated at first, but said he must be so, as he had promised; or, as his word was out, he would, or words to that effect; whereupon the plaintiff suffered McPherson to take the corn chanrobles.com-red

Page 7 U. S. 494

at the price of three dollars per barrel, which he agreed to give. That there was another debt due to the plaintiff from McPherson, about 1 January, 1801, which he was unable to pay.

That about 1 January, 1800, McPherson gave his promissory note for the amount due for the corn, payable to Lawrason & Smoot, with intent that they should endorse it, but, upon its being presented to Smoot, he refused, saying, that McPherson had failed to furnish them with meal, which he had agreed to deliver to them for their endorsement; he therefore would not become security; but upon being shown the note 28 November, he acknowledged that it had been given by them.

The plaintiff also produced the certificate of discharge of McPherson, under the bankrupt law, dated 15 September, 1802, and proved by witnesses that he became insolvent in the year 1800.

Upon this demurrer, the judgment of the court below was for the plaintiff. chanrobles.com-red

Page 7 U. S. 495