Dover Stamping Co. v. Noyes
Massachusetts Supreme Judicial Court
Contract for the price of goods sold to F. P. Field and Company, on an alleged guaranty by the defendant. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on agreed facts, in substance as follows. The plaintiff corporation, on November 18, 188T, wrote to the defendant a letter reciting that it had recently “ opened trade with Messrs.
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Contract for the price of goods sold to F. P. Field and Company, on an alleged guaranty by the defendant. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on agreed facts, in substance as follows. The plaintiff corporation, on November 18, 188T, wrote to the defendant a letter reciting that it had recently “ opened trade with Messrs. F. P. Field & Co., who seem to be good fellows without much money, but claim to be backed by you. Will you kindly tell us if this is so,—if we can consider you as having responsibility for their debts, or…
1Opinion of the CourtKnowlton, J.
The decision of this case depends on the proper interpretation of the correspondence relied on by the plaintiff corporation, as showing a continuing guaranty by the defendant that F. P. Field and Company would pay at maturity any debts they might contract in their dealings with the plaintiff. If these letters, fairly construed, authorized the plaintiff to sell goods to Field and Company from time to time, to be paid for by the defendant, if not paid for by the purchasers, the plaintiff is entitled to recover.
The plaintiff’s first letter was -manifestly written in reference to possible future…
2Cases cited1 opinion
- Jordan v. DobbinsMassachusetts Supreme Judicial Court · 1877
3Cited by5 opinions
- L. Littlejohn & Co. v. HandyMassachusetts Supreme Judicial Court · 1923
- N. O. Nelson Manufacturing Co. v. ShreveMissouri Court of Appeals · 1902
- Wheeler v. Krohn, Fechheimer & Co.Alabama Court of Appeals · 1913
- Celluloid Co. v. HainesMassachusetts Supreme Judicial Court · 1900
- Exchange National Bank v. PantagesWashington Supreme Court · 1913