 | Philip Eastman - Law reports, digests, etc - 1849 - 790 pages
...the one actually incumbered by the mortgage. Schillinger v. McCtuuL, vi. 364. 7. Where one promises another, for the benefit of a third person, such third person may maintain an action of assumpsit, therefor, in hw own name. HinJcley v. Foteler, xv. 285. See ATTORNEY,... | |
 | Joseph Chitty - Contracts - 1855 - 1120 pages
...Niagara Ins. Co., 1 Hall, 247 ; Jackson ». Mayo, 11 Mass. (Rand's ed.) 1Д2, n. (a). Where one promises another for the benefit of a third person, such third person may bring an action of aesumpsift Many of the older authorities support the proposition, that a PLAINTIFF... | |
 | Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...Holliday, 3 Ohio State, 284. 33. If one person, upon a sufficient consideration, make a promise to another, for the benefit of a third person, such third person may maintain an action at law upon the promise. Thompson v. Thompson, 4 Ohio State, 333. 34. Insurance... | |
 | John Campbell Allen - 1878 - 714 pages
...into au agreement with (a) 3 Steam 417. "another, for the benefit of a third person, such third 11 person may come into a Court of Equity and compel...they were made, have come '• into this Court, and have obtained decrees. Indeed, "if Sir JoJm Philips had made an unreasonable agree" merit with the... | |
 | West Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1878 - 976 pages
...instance of the party with whom the contract was made." But the Lord Chancellor in his decision says : " It is certain that if one person enters into an agreement...of equity and compel a specific performance." And this point was so expressly decided in Cook v. Cook, 2 Vt. 36. While the trustee, Conrad, might more... | |
 | Law - 1878 - 560 pages
...grantee of mortgaged premises, who assumes to pay the incumbrance ; that if one person makes a promise to another for the benefit of a third person, such third person may maintain an action upon the promise. And thus, under the principles decided in Burr v. Beers, the General... | |
 | Canada - 1882 - 658 pages
...Courts of Law. Lord Hardwicke says : — " It is certain, that if one person enters into a contract with another for the benefit of a third person, such...Court of Equity and compel a specific performance" (m). Afterwards, in 175G. the same learned Chancellor disposed of the case of Tnmlinson v. Gill (n),... | |
 | Francis Wharton - Contracts - 1882 - 688 pages
...failure of consideration." Andrews, J., Dunning v. Leavitt, 85 NY 35. " If one person make a promise to another for the benefit of a third person, such third person may maintain an action even at law upon it. Joslin v. Car Co., 7 Vroom, 141. And, if a suit be brought... | |
 | Law reports, digests, etc - 1898 - 1234 pages
...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 the statute of frauds. Association... | |
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It is a familiar rule, and one well sustained by authority, that where one person for a valuable consideration makes a promise to another for the benefit of a third person, such third person may maintain an action upon it. 
