New England Marine Insurance v. De Wolf
Massachusetts Supreme Judicial Court
This was assumpsit against the defendant as guarantor of two promissory notes. The action was tried before Parker C. J. A note for 1251 dollars was produced, dated November 27th, 1822, signed by George De Wolf for himself and John Smith, payable to the plaintiffs or order in eighteen months. This note was given for the premium of insurance on the ship Octavia and cargo, by a policy of that date. On the back of this note are the following words.
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This was assumpsit against the defendant as guarantor of two promissory notes. The action was tried before Parker C. J. A note for 1251 dollars was produced, dated November 27th, 1822, signed by George De Wolf for himself and John Smith, payable to the plaintiffs or order in eighteen months. This note was given for the premium of insurance on the ship Octavia and cargo, by a policy of that date. On the back of this note are the following words. “ Boston, April 27, 1825. By "-''horny from J. De Wolf junior, I hereby guaranty the payment of this note. Isaac Clap.” The other note was for 526…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. With respect to the form of the guaranty, we are of opinion that the effect of it must be determined by the intention with which it was made. If Clap bad authority to make the guaranty for the defendant, and the words are such as not clearly to bind himself alone, and it can be ascertained that he intended to act for De Wolf, the latter will be bound. The authorities cited to maintain the position, that the name of the principal must be signed by the agent, are of deeds only ; instruments under seal; and it is not desirable that the rigid…
2Cases cited2 opinions
- Pentz v. StantonNew York Supreme Court · 1833
- Campbell v. BakerSupreme Court of Pennsylvania · 1833