Cumberland National Bank v. St. Clair
Supreme Judicial Court of Maine
On Exceptions by Dependants. This was an action of assumpsit upon the following guaranty executed by the defendants:— “ Whereas Wilson & Berry, copartners of Camden, Knox Co., Maine, have sold to us all their right, title and interest in and to the machinery, pulleys, belts, couplings, hangings, and 16 feet of shafting now in the mill in said Camden occupied by them and known as the ‘ Bakery Building,’ said machinery being mortgaged to Chase & Son & Co. of Portland, and sold…
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On Exceptions by Dependants. This was an action of assumpsit upon the following guaranty executed by the defendants:— “ Whereas Wilson & Berry, copartners of Camden, Knox Co., Maine, have sold to us all their right, title and interest in and to the machinery, pulleys, belts, couplings, hangings, and 16 feet of shafting now in the mill in said Camden occupied by them and known as the ‘ Bakery Building,’ said machinery being mortgaged to Chase & Son & Co. of Portland, and sold to us subject to said mortgage. “Now therefore in consideration thereof we hereby guarantee to said Wilson & Berry that…
1Opinion of the CourtHaskell, J.
Assumpsit to recover from the purchaser of mortgaged property, who assumed the mortgage debt and agreed to pay the mortgage notes, the contents of a promissory note secured by the mortgage.
The promise to pay the note was made with two persons, who with another were makers of it and personally liable therefor. The promise was for the benefit of the holder as well. Had the *38promise to pay been a covenant under seal with the covenantee, to pay either to him or to the beneficiary, the covenantee alone could sue, for the covenant would have been with him, and damages for the breach thereof would…
2Cited by2 opinions
- Verrill v. WeinsteinSupreme Judicial Court of Maine · 1937
- Viles v. KortySupreme Judicial Court of Maine · 1934