White v. Reed
Supreme Court of Connecticut
This was an action of assumpsit. The declaration alleged, that the defendant, on the 15th of August, 1833, in consideration that the plaintiff would, at the special instance and request of the defendant, give credit to the defendant’s son, George Reed, and allow him to become indebted to the plaintiff, undertook and faithfully promised the plaintiff, that he Would hold himself accountable to the plaintiff for any sum that his said son George Reed might become indebted to the…
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This was an action of assumpsit. The declaration alleged, that the defendant, on the 15th of August, 1833, in consideration that the plaintiff would, at the special instance and request of the defendant, give credit to the defendant’s son, George Reed, and allow him to become indebted to the plaintiff, undertook and faithfully promised the plaintiff, that he Would hold himself accountable to the plaintiff for any sum that his said son George Reed might become indebted to the plaintiff, not exceeding 200 dollars ; that the plaintiff, confiding in the said undertaking and promise of the…
1Opinion of the CourtHinman, J.
Several questions are made by the defendant, in this case, which it is proper to dispose of, before coming to the one upon which the case must turn ; notwithstanding the zeal with which the others have been urged.
1. Upon the motion in arrest for the insufficiency of the declaration, we entertain no doubt that the declaration is good, and would be sustained upon demurrer ; for though, as a general rule, a guarantor, especially a party giving a letter of guaranty, is entitled to notice of its acceptance, yet, this is far from being a universal rule, applicable to all cases; there are many…
2Cases cited1 opinion
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
3Cited by16 opinions
- Village of Chester v. LeonardSupreme Court of Connecticut · 1897
- Crist v. BurlingameNew York Supreme Court · 1862
- Dwyer v. RedmondSupreme Court of Connecticut · 1924
- Oyler v. McMurrayIndiana Court of Appeals · 1893
- Boehne v. MurphySupreme Court of Missouri · 1870
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