Watkins v. Eames
Watkins v. Eames
Opinion of the Court
The report of this case appears to us to bring it directly within previous decisions, especially those of Thompson v. Page, 1 Met. 565, and Ives v. Sterling, 6 Met. 310, both which the present case very strikingly resembles; and, on the authority of those decisions, we should feel bound to say that here was a valid promise with lawful consideration.
Opinion has fluctuated, it is true, upon the question how far, in a common subscription by several persons, to an object of public utility, the promise of each one is a consideration for that of another. It has been objected that, to assume the respective promises as consideration one for the other, is to beg the whole question, and to reason in a circle. But if it clearly appear that a number of subscribers promise to contribute money, on the faith of the common engagement, for the accomplishment of an object of interest to all, and which iannot be accomplished save by their common performance, then it would seem that the mutual promises constitute reciprocal obligations.
Exceptions overruled.
Reference
- Full Case Name
- William O. Watkins Treasurer, &c. v. Philip Eames
- Status
- Published