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Moses v. Macferlan

England Court of King’s Bench
1 W. Bl. 219, 96 Eng. Rep. 120, 2 Burr 1005, 97 Eng. Rep. 676 (1760)

Written by Josh Lee, JD

Facts

Moses (plaintiff) had an agreement with Macferlan (defendant). Under the agreement, Moses assigned promissory notes to Macferlan, which allowed Macferlan to collect, or sue to collect, from the makers of the promissory notes. Macferlan agreed to indemnify Moses for any liabilities that might come up under the promissory notes. However, Macferlan was unable to collect and sued Moses in the court of conscience. Macferlan obtained a judgment against Moses, and Moses paid the judgment. Moses then sued Macferlan in the court of chancery based on the indemnity promise in the separate agreement.

Rule of Law

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Issue

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Holding and Reasoning (Lord Mansfield, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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