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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)
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
Holding and Reasoning (Lord Mansfield, J.)
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