Rice v. Moore

Superior Court of Delaware

Rice v. Moore

1 Del. 452

Superior Court of Delaware·Decided July 5, 1834·Published

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.

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

Pincite

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