Jordan Marsh Co. v. Beals
Massachusetts Supreme Judicial Court
Contract upon an alleged guaranty by the defendant to pay to the plaintiff bills contracted by one Wainwright. Writ in the Municipal Court of the City of Boston dated March 17, 1904. On appeal to the Superior Court, the case was heard by Raymond, J., without a jury, upon the following agreed statement of facts: The material part of the alleged guaranty was as follows: “ Messrs.
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Contract upon an alleged guaranty by the defendant to pay to the plaintiff bills contracted by one Wainwright. Writ in the Municipal Court of the City of Boston dated March 17, 1904. On appeal to the Superior Court, the case was heard by Raymond, J., without a jury, upon the following agreed statement of facts: The material part of the alleged guaranty was as follows: “ Messrs. Jordan, Marsh & Company, Gentlemen:—In reply to the above I hereby agree to pay all bills of whatever amount which may hereafter be contracted at your house by Mrs. A. D. •Wain wright upon a proper assignment of the…
1Opinion of the Court
Loring, J.. The only ground on which the plaintiff corporation contends that the case at bar does not come within Holmes v. Small, 157 Mass. 221, is that the guaranty in question, as matter of construction, is not an offer to “Messrs. Jordan, Marsh and Company.” Its contention is that, by reason of the words “at your house” in the body of the guaranty, the fact that the guaranty is addressed to “ Messrs. Jordan, Marsh & Company ” is overcome, and that, taking the guaranty as a whole, it should be construed to be an offer to the person or corporation who *165should be the proprietor of the Jordan…
2Cases cited1 opinion
- Holmes v. SmallMassachusetts Supreme Judicial Court · 1892
3Cited by10 opinions
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- Zeo v. LoomisMassachusetts Supreme Judicial Court · 1923
- W. B. Saunders Co. v. DuckerCourt of Appeals of Maryland · 1911
- Friedman-Shelby Shoe Co. v. DavidsonCourt of Appeals of Texas · 1916
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