Sturges v. Robbins
Massachusetts Supreme Judicial Court
This was an action of assumpsit, founded on a writing, signed by the defendant in the words following, viz. “ The subscriber hereby engages to Messrs. Sturges and Parfcman, that if they will credit Elijah Davis, of Bath, a sum not exceeding five hundred dollars, in case he shall not pay the same in twelve months from this date, I will pay the same myself.
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This was an action of assumpsit, founded on a writing, signed by the defendant in the words following, viz. “ The subscriber hereby engages to Messrs. Sturges and Parfcman, that if they will credit Elijah Davis, of Bath, a sum not exceeding five hundred dollars, in case he shall not pay the same in twelve months from this date, I will pay the same myself. October 8th, 1804.” The action was submitted to the opinion of the Court, on a case stated by the parties, from which it appears that, in consequence of the said engagement, the plaintiffs immediately after sold and delivered to Davis…
1Opinion of the Court
* The opinion of the Court (absente Parsons, C. J.) [ * 304 ] was delivered by
Parker, J.
On the facts agreed in this case, the question submitted to us is, whether the defendant is liable for the whole, or any part of the sum mentioned in the writing, on which the action is founded.
The counsel for the defendant has contended, that the writing signed by the defendant contained a conditional engagement only, and that the condition is of a nature to avoid the contract, if not strictly complied with by the plaintiffs; the true construction of the writing being, that the defendant would be…
2Cited by10 opinions
- The Merchants National Bank v. StoneMassachusetts Supreme Judicial Court · 1936
- Craft v. IshamSupreme Court of Connecticut · 1838
- Lanusse v. BarkerSupreme Court of the United States · 1818
- Clagett v. SalmonCourt of Appeals of Maryland · 1833
- Lewis v. DwightSupreme Court of Connecticut · 1834
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