Babcock v. Bryant
Massachusetts Supreme Judicial Court
Assumpsit. The following facts were agreed to by the parties. On November 20, 1826, the defendant gave the plaintiff a writing as follows : — “ New Bedford, Nov. 20, 1826. This is to certify, that I, the subscriber, do hereby agree to be responsible and pay to Messrs. Babcock and Allen for whatever goods have been or may be delivered to Thomas C. Case. John'Bryant.
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Assumpsit. The following facts were agreed to by the parties. On November 20, 1826, the defendant gave the plaintiff a writing as follows : — “ New Bedford, Nov. 20, 1826. This is to certify, that I, the subscriber, do hereby agree to be responsible and pay to Messrs. Babcock and Allen for whatever goods have been or may be delivered to Thomas C. Case. John'Bryant. (Security for one year).” After the above date and before July 17, 1827, the plaintiffs (Babcock and Allen) delivered to Case goods to the amount of $115.21, and on the day last named took of Case his negotiable note for that…
1Opinion of the Court
Pütnam J.
delivered the opinion of the Court. The question is, whether the promise is to be considered as an original or a collateral undertaking. We think it was the latter. The defendant was to be responsible and pay to the plaintiffs for whatever goods had been or might be delivered to Thomas C. Case. The claim of the plaintiffs is for goods delivered after the making of the promise ; for which Case gave to them his negotiable note. If he were not the principal debtor, it is difficult to account for the plaintiffs’ having taken the note' of him. They must have understood that he was liable…
2Cases cited1 opinion
- Lillibridge v. AdieU.S. Circuit Court for the District of Rhode Island · 1817