Legal Opinion

Thomas v. Dodge

Michigan Supreme Court

Decided April 6, 1860PublishedCited by 13 opinions

Case reserved from Ingham Circuit. In November, 1856, one Davidson executed and delivered to defendant a promisory note for $200, payable eighteen months after date, to defendant or bearer. January 2, 1857, defendant sold this note to plaintiffs, and at the same time endorsed thereon the following guaranty: “ I guarantee the collection of this note. January 2d, 1857. C. C. Dodge.”

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Case reserved from Ingham Circuit. In November, 1856, one Davidson executed and delivered to defendant a promisory note for $200, payable eighteen months after date, to defendant or bearer. January 2, 1857, defendant sold this note to plaintiffs, and at the same time endorsed thereon the following guaranty: “ I guarantee the collection of this note. January 2d, 1857. C. C. Dodge.” Plaintiffs, in October, 1858, put this note in judgment against Davidson, before a justice of the peace, and execution was afterwards issued on this judgment and returned unsatisfied. Plaintiffs then brought suit…

1Opinion of the Court

Campbeli J.:

The first objection to the recovery by the plaintiffs is made upon the ground that, by omitting to name any person to whom the guaranty of collection was made, the contract failed to comply with the Statute of Frauds, which requires a writing.

There are many cases in which a liability may be created against a person for the debt of another, without mentioning the name of any creditor; the guarantor’s proposition being in the nature of an open offer closed by acceptance of it. And Mr. Burge lays it down as a general proposition, that the name of the creditor to be secured may be…

2Cases cited1 opinion

  1. Beecher v. BaldyMichigan Supreme Court · 1859

3Cited by13 opinions

  1. Riggs v. SterlingMichigan Supreme Court · 1886
  2. Barton v. DrakeSupreme Court of Minnesota · 1875
  3. Majors v. KillianSupreme Court of Alabama · 1935
  4. Kleinert v. LefkowitzMichigan Supreme Court · 1935
  5. Comstock v. HowdMichigan Supreme Court · 1867

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