25 Ind. 453 | Ind. | 1865
Hinchman, Smelser and Moffett sued James Doioney in the court below to recover one-eighth of the cost of procuring eight substitutes for the plaintiffs, Archibald Doioney, a minor son of the defendant, Armstrong, Me Clan-non, Berry and Kirkpatrick, who, together with eight others, had been drafted into thé service of the United States under the call of the President, in Jackson township, in Push county. The fourth paragraph of the complaint avers that, being s.o drafted, the plaintiffs, the defendant and the other persons named, entered into an agreement with each other
It is contended that there was no consideration for the promise of the defendant. A promise is a good consideration for a promise, with or without performance. But in the casein judgment the plaintiffs paid out their money on the faith of the defendant’s promise. In Holmes et al. v. Dana, 12 Mass. 190, sundry persons agreed to lend to the editor of a newspaper the sums set against their respective names, the same to he paid to one of their number as agent, &e. The agent advanced money to the editor on the ground of the subscription, and it was held that he had a right of action against a subscriber who had refused to pay the sum he had subscribed.
It is urged that the promise of the defendant was to answer for the debt, default or miscarriage of another, and
The judgment is affirmed with costs, and ten per cent, damages.