Legal Opinion

Paddock & Fowler Co. v. Simmons

Massachusetts Supreme Judicial Court

Decided June 22, 1904PublishedCited by 7 opinions

Contract on certain guaranties in writing described in the first paragraph of the opinion. Writ dated September 10, 1901. In the Superior Court the case was tried before Fox, J., without a jury.

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Contract on certain guaranties in writing described in the first paragraph of the opinion. Writ dated September 10, 1901. In the Superior Court the case was tried before Fox, J., without a jury. The defendant requested the following rulings: “1. On all the evidence the plaintiff is not entitled to recover. 2. The demand note for $907.75 given by Simmons and Company to the plaintiff, dated May 1, 1899, was payment pro tanto and discharged the defendant to that amount. 8. The delivery of the merchandise or bills of lading representing it by the plaintiff to Hiram Simmons [the defendant’s…

1Opinion of the CourtMorton, J.

This is an action of contract upon three written guaranties given by the defendant to the plaintiff to insure it against loss on guaranties given in turn by it to certain banking houses on letters of credit issued by them for the benefit of the defendant’s husband. There was a loss upon each of the guaranties given by the plaintiff which it was compelled to make, and has made, good, paj^ment of which was duly demanded of the defendant and her husband. The case was tried by the judge without a jury, and the judge found for the plaintiff for the full amount claimed. The case is here on…

2Cases cited1 opinion

  1. Brewer Lumber Co. v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1901

3Cited by7 opinions

  1. American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
  2. The Merchants National Bank v. StoneMassachusetts Supreme Judicial Court · 1936
  3. Barishefsky v. CohenMassachusetts Supreme Judicial Court · 1938
  4. Dow v. PooreMassachusetts Supreme Judicial Court · 1930
  5. Cary Brick Co. v. WheelerMassachusetts Supreme Judicial Court · 1911

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