Case: Parties


Haigh v. Brooks Plaintiff - Haighs Defendant - Brooks

Procedural History: Haigh sues Brooks. Judgment from Court of Queen's bench entereted for plaintiff, Haigh. Defendant appeals to exchequer Facts: haigh sold goods to Lees on credit. Brooks signed a writing to guarantee Lees debts to Haigh for 10,ooo pounds. The writing said "in consideration of your being in advance." Brooks then induced Haigh to surrender the writing in exchange for a promise tom pay total of 9,666 pounds (this promise was accepted by Lees). Lees then failed to pay the 9,666 pounds. Issue: Was the court correct to enter a judgment for the plaintiff? Was there consideration in the promise exchanged for the writing to guarantee payment of the debt, which did have consideration? Holding: Judgment affirmed.

Reasoning: Since the writing that had consideration was given up for the promise, there existed consideration in the writing's surrender.