Hay v. Fortier
Maine Supreme Court
102 A. 294 (1917)
Relevant factsFree
Fortier (defendant) signed a bond as surety guaranteeing Henry Sawyer's debt to Hay (plaintiff). When the bond's conditions weren't met, Hay asked Fortier to pay, and Fortier wrote back promising to pay $100 right away and the rest before April. Hay accepted those terms and, relying on Fortier's promise, held off suing to collect on the bond. Fortier paid the $100 but never paid the remainder, and Hay sued to collect the balance based on Fortier's letter.
IssueFree
Whether a surety's promise to pay money she is already legally obligated to pay under an existing bond provides sufficient consideration to form a new, separately enforceable contract.