Sherman v. Mulloy
Massachusetts Supreme Judicial Court
Contract, on a written instrument signed by the defendant. Trial in the Superior Court, without a jury, before Bond, J., who refused to rule that the instrument was not a continuing guaranty, a,nd was exhausted and satisfied when goods had been furnished to Coffin, the person named therein, by the plaintiffs, to the amount of two hundred dollars, and they had received their pay therefor, and found for the plaintiffs in the sum of two hundred dollars.
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Contract, on a written instrument signed by the defendant. Trial in the Superior Court, without a jury, before Bond, J., who refused to rule that the instrument was not a continuing guaranty, a,nd was exhausted and satisfied when goods had been furnished to Coffin, the person named therein, by the plaintiffs, to the amount of two hundred dollars, and they had received their pay therefor, and found for the plaintiffs in the sum of two hundred dollars. The defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
On May 24, 1897, the plaintiffs were dealers in building material, doing business under the name of the Roxbury Planing and Moulding Company. One Coffin, a contractor and builder, with whom they had had some previous dealings, applied to them for stock or material to be used in his business. They refused to deliver it to him upon credit unless he furnished them with satisfactory security. He went away and subsequently returned, on the same day, and gave them as security a paper signed by the defendant, as follows:- “ Boston, May 24, 1897. Rox. Ping. & Mldg. Co., Dear Sir: I, the undersigned,…
2Cases cited4 opinions
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
- White v. ReedSupreme Court of Connecticut · 1843
- Boston & Sandwich Glass Co. v. MooreMassachusetts Supreme Judicial Court · 1876
- Cutler v. BallouMassachusetts Supreme Judicial Court · 1884
3Cited by10 opinions
- Callender, McAuslan & Troup Co. v. FlintMassachusetts Supreme Judicial Court · 1904
- Agricultural National Bank v. BrennanMassachusetts Supreme Judicial Court · 1936
- Pegg v. OlsonWyoming Supreme Court · 1924
- L. Littlejohn & Co. v. HandyMassachusetts Supreme Judicial Court · 1923
- Bradshaw v. SibertSupreme Court of Minnesota · 1916
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