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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. "
Atlantic Reporter - Página 373
1888
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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 páginas
...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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Rights, Remedies, and Practice, at Law, in Equity, and Under the ..., Volume 5

John Davison Lawson - 1890 - 944 páginas
...re306; 7 Am. St. Rep. 744. cover from a railroad company the jurisdictions it is now held that where a person makes a promise to another for the benefit of a third person, the latter may maintain an action upon it.1 To a suit by a third person upon a contract made...
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Reports of Cases at Law and in Equity Determined by the Supreme ..., Volume 86

Iowa. Supreme Court - 1892 - 882 páginas
...of the mortgage, and is liable in an action to the mortgage, under the familiar rule that, "where a person makes a promise to another for the benefit of a third person, such third person may maintain an action thereon." As bearing upon these questions, seel Jones...
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The Principles of the American Law of Contracts at Law and in Equity

John Davison Lawson - 1893 - 676 páginas
...made the right of action.1 And even independent of the codes the modern American rule is that where a person makes a promise to another for the benefit of a third person, the latter mav maintain an action upon it.2 But to such a suit by a third person a failure...
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The Northwestern Reporter, Volume 53

1893 - 1326 páginas
...the mortgage, and is liable in an action to i IN' mortgagee, under the familiar rule that, "where a person makes a promise to another for the benefit of a third person, such third person may maintain an action thereon." As bearing upon these questions, see 1 Jones,...
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A Treatise Upon the Law of Pleading Under the Codes of Civil Porcedure of ...

Philemon Bliss - 1894 - 858 páginas
...person for whose benefit a promise had been made and thus broadly stated the doctrine: "Whether, when one person makes a promise to another for the benefit of a third, such third person can maintain an action upon it, though the consideration does not move from him,...
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Minnesota Reports: Cases Argued and Determined in the Supreme ..., Volume 53

Minnesota. Supreme Court - 1894 - 624 páginas
...to enforce the promise? In some of the text-books and decisions it is stated generally "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." But we do not think there is a case to be...
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American Cases on Contract: Arranged in Accordance with the Analysis of ...

Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1894 - 762 páginas
...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." Sc1temerhorn v. Vanderheyden (1 John. R....
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Ruling Cases, Volume 1

Robert Campbell - 1894 - 868 páginas
...latest writer on contracts, says (Contracts, § 113 (rf)): " The modern American rule is that where a person makes a promise to another for the benefit of a third person, the latter may maintain an action upon it." This is supported by Schermerhorn v. Vamlcrheyiien,...
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Commentaries on the Law of Private Corporations, Volume 1

Seymour Dwight Thompson - 1895 - 1100 páginas
...consideration, cannot be enforced as contracts. But it is also a rule in cases of simple contract that, 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. The mutual promises of the several subscribers...
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