Thayer v. Wild
Massachusetts Supreme Judicial Court
Contract. Writ dated November 26,1870. The declaration alleged “ that Samuel Spencer was owing the plaintiff the sum of $82.58, for goods obtained from the plaintiff’s shop, and the said Spencer executed and delivered to the plaintiff a written order ” as follows: “ Shelburne Falls, January 23, 1869. L,-tmson & Goodnow Manufacturing Co. Please pay to Joel Thayer forty-five dollars per month until notified by said Thayer to the contrary. For value received.
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Contract. Writ dated November 26,1870. The declaration alleged “ that Samuel Spencer was owing the plaintiff the sum of $82.58, for goods obtained from the plaintiff’s shop, and the said Spencer executed and delivered to the plaintiff a written order ” as follows: “ Shelburne Falls, January 23, 1869. L,-tmson & Goodnow Manufacturing Co. Please pay to Joel Thayer forty-five dollars per month until notified by said Thayer to the contrary. For value received. Samuel Spencer; ” and “ the plaintiff agreed with said Spencer to sell and deliver to him from time to time goods from his said shop,…
1Opinion of the CourtMorton, J.
The evidence at the trial tended to show that the plaintiff, for the purpose of obtaining security for goods which he contemplated selling to Spencer, had procured from him an order upon the Lamson & Goodnow Manufacturing Company for forty-five dollars per month. Before this order was presented for acceptance, the defendant signed and delivered ihe following *452paper: “ 1869, Jan. 23. For value received I guarantee to Joel Thayer that I will pay him the forty-five dollars per month, on condition that he does not carry the above order into the office of the Lamson & Goodnow Manufacturing Co.” The…
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