Hunter v. Wilson, Stearly & Co.

Citations

• 21 Fla. 250

Syllabus

<p>1. A. can maintain a suit in assumpsit against B. uponB.’s promise to C. for the- benefit of A., if the promise is not under seal.</p> <p>2. Where the declaration alleges that B., in consideration of the delivery to him by C. of the cargo of a vessel consisting of valuable merchandise, promised 0. that he would pay to A. a draft ac-' cepted by C. and payable to A., and that said draft was drawn by A. on C. “against the cargo,” a plea by B. denying that said draft was drawn “against the cargo ” tenders an immaterial issue and is demurrable.</p> <p>3. When the declaration alleges that B. made a promise to C. and D. for the benefit of A., upon which promise A. brings suit against B. , a plea by B. that he never promised D., is demurrable.</p> <p>4. When the declaration alleges that B., upon the delivery to him of a a valuable cargo of merchandise by C., promised C. to pay to A. a debt due from C. to A., a plea by B. that there was “no consideration” for the promise, is bad.</p>