Rogers & Lambert v. Warner & Bostwick
New York Supreme Court
THIS was an action of assumpsit. At the trial, the plaintiff gave in evidence the following writing, signed by the defendants: “ Messrs. Rogers Lambert, if Elias Warner and D. W. Bostwick, our sons, wish to take goods of you on credit, we are willing to lend our names ° J 1 ° as security for any amount they may wish.
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THIS was an action of assumpsit. At the trial, the plaintiff gave in evidence the following writing, signed by the defendants: “ Messrs. Rogers Lambert, if Elias Warner and D. W. Bostwick, our sons, wish to take goods of you on credit, we are willing to lend our names ° J 1 ° as security for any amount they may wish. Canaan, Matt ,, . . J J 3, 1804.” Alter the delivery of this letter of credit to , c • . the plaintiffs, tne persons m whose favour it was written, took goods of the plaintiffs, several times, on credit, for which they paid, from time to time, and for which no notes were given.…
1Per curiam
The true construction of the letter of credit is, that it is to be confined to the first parcel of goods. It would be unjust and unreasonable to extend it to an indefinite credit for an indefinite time. The plaintiffs did not, probably, understand it so; for after goods had been, at several times, taken up on credit and paid for, they took a note for the last parcel, which was above a year and a half after the first transaction. This is a very different case from that of Hutchinson v. Bell, (1 Taunton, 558.) for that was a case of a fraudulent representation, and the defendant there was held…
2Cited by13 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Crist v. BurlingameNew York Supreme Court · 1862
- Gard v. StevensMichigan Supreme Court · 1864
- Oyler v. McMurrayIndiana Court of Appeals · 1893
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