Johnson v. Tisdale
Hawaii Supreme Court
A CONTRACT op guaranty was executed by defendant that C. L. T. would faithfully carry out and perform a contract made by C. L. T. with plaintiff for teaming two crops of sugar cane, and that defendant would indemnify plaintiff from all loss or damage by reason of the non-performance of said contract by fault of C. L, T. There were signed on the same day (1) a bill of sale of certain teams, etc., from plaintiff to C. L. T. (2), a chattel mortgage on said teams by C. L. T. to…
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A CONTRACT op guaranty was executed by defendant that C. L. T. would faithfully carry out and perform a contract made by C. L. T. with plaintiff for teaming two crops of sugar cane, and that defendant would indemnify plaintiff from all loss or damage by reason of the non-performance of said contract by fault of C. L, T. There were signed on the same day (1) a bill of sale of certain teams, etc., from plaintiff to C. L. T. (2), a chattel mortgage on said teams by C. L. T. to plaintiff to secure the faithful performance of the teaming contract (3), a mortgage by plaintiff to C. L, T. on the…
1Opinion of the Court
Opinion of the Court by
AustiN, J.
This is an action on a guaranty. The defendant by.contract of guaranty dated December 81, 1880, agreed that C. L. Tis-dale would “ faithfully carry out and perform a contract made by him with Smith and Johnson to carry for them to the lialawa Mill when ready for grinding, two crops of cane which will be the erops of 1881 and 1882, now standing on the premises held by Smith and Johnson under agreement with Tisdale and Thompson.” And further undertook to guarantee and indemnify said Smith and Johnson from all loss or damage by reason ©f the non-performance ©f…
2Cases cited7 opinions
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- Cornell v. ToddNew York Supreme Court · 1846
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- Hoyt v. SpragueNew York Supreme Court · 1872
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