Bailey Gallup v. Larchar
Supreme Court of Rhode Island
Assumpsit upon a guaranty, given to assure the return of certain cotton cloth delivered to be printed. At the trial of the case, at the present term, under the general issue, before the chief justice, sitting with a jury, it appeared, that William Larchar, a small calico printer in embarrassed circumstances, being indebted to the plaintiffs, entered into the following written contract with them, in the hope of paying his indebtment in his work as a calico printer :— “…
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Assumpsit upon a guaranty, given to assure the return of certain cotton cloth delivered to be printed. At the trial of the case, at the present term, under the general issue, before the chief justice, sitting with a jury, it appeared, that William Larchar, a small calico printer in embarrassed circumstances, being indebted to the plaintiffs, entered into the following written contract with them, in the hope of paying his indebtment in his work as a calico printer :— “ Providence, September 4,1858. “ This agreement, made and entered into this day by and between William Larchar and Bailey &…
1Opinion of the CourtAmes, C. J.
Whatever may have formerly been the rule in construing ambiguous phrases in guaranties, it is perfectly well settled at the present day, that if the guarantor, by the use of ambiguous language in his guaranty, renders it susceptible of two or more equally reasonable interpretations, that is to be adopted which makes most strongly against him. This is a just and sensible rule of construction, in application to written contracts in general; and we see nothing in the position of a guarantor, upon whose assurance, reasonably interpreted, another has acted, which should exempt him from it. In the…
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- Rhode Island Hospital Trust National Bank v. Ohio Casualty InsuranceDistrict Court, D. Rhode Island · 1985
- Allied Plywood Co. v. PearsonSupreme Court of Rhode Island · 1978