Moseley v. Hatch
Massachusetts Supreme Judicial Court
Contract, brought May 28,1870, by Timothy P. Moseley and Jonathan W. Hodgman, partners under the firm of Moseley & Hodgman, on this instrument signed by the defendant: “ Saugus, Mass.
Read the full summary
Contract, brought May 28,1870, by Timothy P. Moseley and Jonathan W. Hodgman, partners under the firm of Moseley & Hodgman, on this instrument signed by the defendant: “ Saugus, Mass. January 1st 1870. I, the undersigned, Anthony Hatch, farmer, of Saugus, in consideration of one dollar and other valuable considerations paid me by Jereboam L. Pike, of Lynn, do hereby guarantee the payment on demand of any and all sums of money due to Moseley & Hodgman, of Boston, from said Pike, for any goods purchased by him, the said Pike, during the year 1870, the amount not to exceed the sum of $100.” The…
1Opinion of the CourtGbay, J.
Upon the facts agreed, Reardon was employed by the plaintiffs only, and was their authorized agent to accept in their behalf from the defendant the instrument of guaranty which the plaintiffs had caused to be drawn up and had intrusted to Reardon for the purpose of obtaining the defendant’s signature. The only delivery of that guaranty by the defendant, and the only acceptance thereof from Mm by or in behalf of the plaintiffs were the delivery to Reardon and acceptance by Mm as such agent. The guaranty took effect upon such delivery and acceptance, if at all. But it could not take effect…
2Cases cited1 opinion
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
3Cited by6 opinions
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Clapp v. HaleMassachusetts Supreme Judicial Court · 1873
- Horn v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1908
- Ryan v. GilbertMassachusetts Supreme Judicial Court · 1947
- Stevens v. WoodMassachusetts Supreme Judicial Court · 1879
1 more not listed; retrieve them via the Exa API.