54 Vt. 478 | Vt. | 1882
The opinion of the court was delivered by
On the facts agreed upon by the parties, and the additional facts found by the County Court, the judgment for the defendant rendered by that court must be affirmed. It is tacitly
But if the foregoing ground for affirming the judgment of the County Court were questionable, there is another sufficient ground for its affirmance. There is no consideration for the promised indemnity. When the interview was had between the plaintiff and defendant, out of which the promise of indemnity is claimed to have arisen, the liability of the plaintiff to Jacob Chase had become fully fixed. He therefore incurred no liability on the strength of the promise; nor, so far as is disclosed, did he in the least change his course of action by reason thereof. The original attachment and sale were not for the benefit, nor in the interest of the defendant, nor did any benefit, express or implied, accrue to him nor to his clients out of the promised indemnity. The promise was, therefore, without consideration, and not actionable.
The judgment of the County Court is affirmed.