In the case of Jordan v. Dobbins 122 Mass. 168 (Mass.
1877), Jordan had sold goods to Moore on
credit, knowing that Dobbins had cosigned the loan.Dobbins died and Moore defaulted.Jordan sued Dobbins' estate.The court found for Dobbins' estate, claiming that no
consideration passed to Dobbins for guaranteeing Moore's loan.They also claimed that since Dobbins
wasn't legally obligated to do anything until Moore defaulted, he was dead when
the contract became enforceable, and you can't enter into contracts after you
die.