Smith v. Montgomery
Texas Supreme Court
— Appeal from Colorado County. Case stated in the opinion of the court. The liability of Montgomery is that of a principal debtor. The promise to pay depends on the condition, only, that Smith would furnish the goods to Tennard. It is not a promise to pay if Tennard should fail, but it is an absolute promise to see him paid (which is a promise to. pay himself) if the goods are furnished.
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— Appeal from Colorado County. Case stated in the opinion of the court. The liability of Montgomery is that of a principal debtor. The promise to pay depends on the condition, only, that Smith would furnish the goods to Tennard. It is not a promise to pay if Tennard should fail, but it is an absolute promise to see him paid (which is a promise to. pay himself) if the goods are furnished. When the letter was written, and the proposition accepted by Smith, the civil law was in force in Texas; and the validity, interpretation and obligation of the contract must be determined by that law; and…
1Opinion of the Court
Mr. Justice "Wheeler
delivered the opinion of the court.
The appellant instituted suit to recover of the appellee three thousand dollars, the value of goods furnished by the plaintiff to one Tennard, on a letter of credit given by the defendant. The letter is set out in the petition as follows:
“OoloRAdo, Dec. 27, 1839.
“ Col. Smith & Pilgrim —
“ Gentlemen: Mr. A. W. Tennard wishes to get some dry goods on time; if you will furnish, I will see you paid as far as to the amount of three thousand dollars.
“And much oblige yours with respect,
“James S. Montgomery.”
The petition alleges, in substance:…
2Cases cited5 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Grant v. NaylorSupreme Court of the United States · 1808
- Wright v. JohnsonNew York Supreme Court · 1832
3Cited by41 opinions
- McKnight v. Virginia Mirror CompanyTexas Supreme Court · 1971
- Jarecki Mfg. Co. v. HindsCourt of Appeals of Texas · 1927
- Schoonover v. Osborne Bros.Supreme Court of Iowa · 1899
- Wood v. Canfield Paper Co.Texas Supreme Court · 1928
- Crane Co. v. SpechtNebraska Supreme Court · 1894
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