Rice v. Moore

Superior Court of Delaware

Rice v. Moore

1 Del. 452

DecidedJuly 5, 1834

StatusPublished

This text of 1 Del. 452 (Rice v. Moore) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rice v. Moore, 1 Del. 452 (Del. Ct. App. 1834).

Pincite

Opinion

By the Court.

The letter of Moore, which is set forth as the cause of action, is not an assumption, but a promise to become surety that the judgment against Spenser should be paid. He is not liable upon it as an actual entry of security; for such entry must be on the justice’s docket and signed by the surety. Dig. 338, 5, 13. The deft, is liable on this letter for a failure to become bound as surety; but such an action is not within the jurisdiction of a justice of the peace.

Judgment reversed.

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By the Court.

The letter of Moore, which is set forth as the cause of action, is not an assumption, but a promise to become surety that the judgment against Spenser should be paid. He is not liable upon it as an actual entry of security; for such entry must be on the justice’s docket and signed by the surety. Dig. 338, 5, 13. The deft, is liable on this letter for a failure to become bound as surety; but such an action is not within the jurisdiction of a justice of the peace.

Judgment reversed.

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Bluebook (online)

1 Del. 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-moore-delsuperct-1834.