Thrasher v. Ely
Mississippi Supreme Court
Assumpsit brought by David J. Ely, for the use of Israel Loring against John B. Thrasher, to the November term of the circuit court of Claiborne county, 1840, upon a guaranty of a promissory note made by Isaac R. Wade and Levi C. Harris, in favor of John B. Thrasher, and by him transferred to Ely, in these words: “ I do assign the within note to D. J. Ely, for value received, and guaranty the punctual payment of the same at maturity. “ J. B. ThRashee.”
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Assumpsit brought by David J. Ely, for the use of Israel Loring against John B. Thrasher, to the November term of the circuit court of Claiborne county, 1840, upon a guaranty of a promissory note made by Isaac R. Wade and Levi C. Harris, in favor of John B. Thrasher, and by him transferred to Ely, in these words: “ I do assign the within note to D. J. Ely, for value received, and guaranty the punctual payment of the same at maturity. “ J. B. ThRashee.” The declaration was founded on the guaranty; averred a request of the makers, to pay at the maturity of the note, nonpayment, and notice to…
1Opinion of the CourtJustice Clayton
This was an action of assumpsit, brought against the plaintiff in error, upon a guaranty of a promissory note, payable to him, and transferred by him to Ely, in the following words : “ I do assign the within note to D. J. Ely, for value received, and guaranty the punctual payment of the same, at maturity.”
The first question arising upon the record is, whether a demand of the maker, and notice of nonpayment were necessary to hold the guarantor liable. The circuit court charged the jury, that no such demand and notice were necessary, and this charge is assigned as the first error.
Upon this…
2Cases cited5 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Reynolds v. DouglassSupreme Court of the United States · 1838
- Allen v. RightmereNew York Supreme Court · 1823
- Tillman v. WheelerNew York Supreme Court · 1820
- Foster v. BarneySupreme Court of Vermont · 1830