Ulen v. Kittredge
Massachusetts Supreme Judicial Court
This action was assumpsit, in which the plaintiff declared upon the guaranty of the defendant of two several promissory notes, made by Eliphalet Butman, for the sum of 100 dollars each, payable to the plaintiff or his order ; which were set forth in two distinct counts, in each of which the plaintiff avers that, in consideration of his forbearing until his return from sea to sue the said Butman, the defendant Kittredge promised to guaranty the payment of the said note.
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This action was assumpsit, in which the plaintiff declared upon the guaranty of the defendant of two several promissory notes, made by Eliphalet Butman, for the sum of 100 dollars each, payable to the plaintiff or his order ; which were set forth in two distinct counts, in each of which the plaintiff avers that, in consideration of his forbearing until his return from sea to sue the said Butman, the defendant Kittredge promised to guaranty the payment of the said note. At the trial, which was had upon the general issue before Sewall, J., April term, 1809, the notes declared on were given in…
1Opinion of the Court
By the Court.
The defendant objects, that this being a promise to pay the debt of another, is void by the statute of frauds, which requires in such a case a memorandum in writing, signed by the party to be charged. But we are of opinion that the defendant’s signature upon the back of the note, with the authority given by him to the witness to write over the signature a sufficient guaranty, and such guaranty being accordingly written by the witness pursuant to the authority, may be considered as a memorandum signed by the party, within the intent of the statute, as fully as if it had been…
2Cited by26 opinions
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- Hopkins, Brother & Co. v. RichardsonSupreme Court of Virginia · 1852
- Phillips v. PrestonSupreme Court of the United States · 1846
- Perkins v. CatlinSupreme Court of Connecticut · 1836
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