Cremer v. Higginson
U.S. Circuit Court for the District of Massachusetts
This was an action of assumpsit, brought by the plaintiff as surviving partner of Thomas Theodore Cremer of Rotterdam, who had carried on business there, under the firm of Thomas and Adrian Cremer, against Stephen Higginson and Samuel G. Perkins, surviving partners of George Higginson of Boston, who had transacted business in Boston, under the firm of Stephen Higginson and Co. upon a letter of guaranty, bearing date December 15, ISOS, and given by Stephen Hig-ginson and Co.…
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This was an action of assumpsit, brought by the plaintiff as surviving partner of Thomas Theodore Cremer of Rotterdam, who had carried on business there, under the firm of Thomas and Adrian Cremer, against Stephen Higginson and Samuel G. Perkins, surviving partners of George Higginson of Boston, who had transacted business in Boston, under the firm of Stephen Higginson and Co. upon a letter of guaranty, bearing date December 15, ISOS, and given by Stephen Hig-ginson and Co. to Stephen Higginson, Jr., and Henry Higginson, merchants of Boston; and at that time partners, under the firm of…
1Opinion of the CourtStory, Circuit Justice
(after stating the facts). There are several questions of law in this case, upon which it is now my duty to instruct • you.
The first point is, what is the true construction of tlie letters of the defendants to the plaintiffs, of the 15th of December, 1808, which is the main hinge of the whole of this controversy? I am clearly of opinion, that, in point of law, it is not an absolute undertaking for the payment, in the first instance, of all advances made to Stephen and Henry Higginson, not exceeding 50,000 dollars. It is in fact an original collateral undertalcing to guaranty the payment of…
2Cited by49 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
- Pattison v. HullCourt Of Oyer And Terminer New York · 1828
- Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
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