Norton v. Eastman
Supreme Judicial Court of Maine
Tins was an action of assumpsit for the price of sundry goods sold and delivered hy the plaintiffs to one Jonathan 8. Farrington upon the credit of the defendant; and it came before the court apon the following case stated by the parties.
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Tins was an action of assumpsit for the price of sundry goods sold and delivered hy the plaintiffs to one Jonathan 8. Farrington upon the credit of the defendant; and it came before the court apon the following case stated by the parties. The plaintiffs having previously refused to trust Farrington -or goods, without additional security, he produced to them a letter from the defendant, addressed to the plaintiffs, of the folio wing tenor I hereby recommend Jonathan $, Farrington} of Fryeburg Addition, as a man of good credit for tbe amount oi seventy-five dollars, or one hundred, if he should…
1Opinion of the Court
The opinion of the court was read at the ensuing November term,'as drawn up by
Mellen C. J.
In deciding this cause it is not necessary to inquire whether the defendant’s guaranty was a limited or continuing one, because the suni for which the first credit was given has never been paid, and in either case the guaranty would not bind him beyond the sum of $100. In his letter to the plaintiffs? after recommending Farrington as a man of good credit for the amount of seventy-five or one hundred dollars, he says, “ if he should want so much, and should you trust him with the abovft amount, I will be…
2Cases cited3 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Stafford v. LowNew York Supreme Court · 1819
- Rapelye v. BaileySupreme Court of Connecticut · 1820
3Cited by3 opinions
- Westchester Fire Ins. Co. v. CampbellDistrict Court, D. Maine · 1994
- Westchester Fire Insurance v. CampbellCourt of Appeals for the First Circuit · 1995
- Westchester Fire v. CampbellCourt of Appeals for the First Circuit · 1995