Cowles v. Peck
Supreme Court of Connecticut
Action on a guaranty of a promissory note; brought to the District Court of Waterbury. The complaint alleged that on August 3d, 1878, one Robert Peck executed and delivered a note to the plaintiff’s testator, David M. Cowles, for the payment to his order of $500 on demand, for value received, with interest annually at seven per cent., and that the defendant executed the following guaranty on the back of the note: “ I guarantee the within note good till paid; ” that the said…
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Action on a guaranty of a promissory note; brought to the District Court of Waterbury. The complaint alleged that on August 3d, 1878, one Robert Peck executed and delivered a note to the plaintiff’s testator, David M. Cowles, for the payment to his order of $500 on demand, for value received, with interest annually at seven per cent., and that the defendant executed the following guaranty on the back of the note: “ I guarantee the within note good till paid; ” that the said Robert Peck had since deceased and the defendant as his administrator had paid the plaintiff the sum of $119.96, and…
1Opinion of the CourtLoomis, J.
This is a complaint to recover upon a guar*253anty in writing signed by the defendant on the back of a note given August 3d, 1878, by one Robert Peck, and payable to the order of David M. Cowles, the plaintiff’s testator, since deceased. A demurrer to- the complaint, which was sustained in the court below, raises two questions for our consideration.
1. Was the guaranty an absolute or a conditional one? It was in these words :—“ I guarantee the within note good, till paid.”
The complaint is framed upon the assumption that it is an absolute guaranty of payment that required no action on the part of…
2Cases cited5 opinions
- Breed v. HillhouseSupreme Court of Connecticut · 1829
- Allen v. RundleSupreme Court of Connecticut · 1882
- Cooke v. NathanNew York Supreme Court · 1853
- Curtis v. SmallmanNew York Supreme Court · 1835
- Hammond v. ChamberlinSupreme Court of Vermont · 1854
3Cited by4 opinions
- Garland v. GainesSupreme Court of Connecticut · 1901
- Beardsley v. HawesSupreme Court of Connecticut · 1898
- Beitler v. RudkinSupreme Court of Connecticut · 1926
- Lemmon v. StrongSupreme Court of Connecticut · 1888