/2/
The first case in assumpsit /3/ only meant to adopt this long
familiar thought. A man went bail for his friend's servant, who
had been arrested. Afterwards the master [297] promised to
indemnify the bail, and on his failure to do so was sued by him
in assumpsit. It was held that there was no consideration
wherefore the defendant should be charged unless the master had
first promised to indemnify the plaintiff before the servant was
bailed; "for the master did never make request to the plaintiff
for his servant to do so much, but he did it of his own head."
This is perfectly plain sailing, and means no more than the case
in the Year Books. The report, however, also states a case in
which it was held that a subsequent promise, in consideration
that the plaintiff at the special instance of the defendant had
married the defendant's cousin, was binding, and that the
marriage was "good cause ... because [it] ensued the request of
the defendant." Whether this was intended to establish a general
principle, or was decided with reference to the peculiar
consideration of marriage, /1/ it was soon interpreted in the
broader sense, as was shown in the last Lecture. It was several
times adjudged that a past and executed matter was a sufficient
consideration for a promise at a later day, if only the matter
relied on had been done or furnished at the request of the
promisor.
Pages:
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371