Stafford v. Low
New York Supreme Court
THIS was an action of assumpsit to recover the price of certain goods, sold, and delivered by the plaintiffs to the Ballston Spa Manufacturing Company, of which the defendant was president. The plaintiffs claimed the sqm of 547 dollars and two cents, as the balance due them on the 9tb of May, 1816, of an account containing mutual debits and credits.
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THIS was an action of assumpsit to recover the price of certain goods, sold, and delivered by the plaintiffs to the Ballston Spa Manufacturing Company, of which the defendant was president. The plaintiffs claimed the sqm of 547 dollars and two cents, as the balance due them on the 9tb of May, 1816, of an account containing mutual debits and credits. They proved the delivery of the goods to the agent of the com- * . ° _ pany, and produced in evidence a letter train the defendant, addressed to them, bearing date the 21st of December, 3814, and which was as follows : “ Gentlemen—Your’s of 15th…
1Opinion of the CourtSpencer, J.
Two questions have been made: 1. Whether the defendant’s ■ letter was, in itself, a guaranty for the goods subsequently furnished by the plaintiffs; 2. Whether the defendant was bound to give his guaranty when called on for that purpose ? All the law upon this subject will be found collected in a very able note by Mr. Wheaton, in his 3d vol. of Reports, (page 148,)(a) The case of M lver v. Richardson, (1 M. Selw. 557.) is directly to the point, that, the defendant’s letter did not amount to a guaranty. In that case, the defendant, after giving the strongest assurances to the plaintiff of the…
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