Russell v. Perkins
U.S. Circuit Court for the District of Massachusetts
Assumpsit on a letter of guaranty, addressed by the defendants [James and T. H. Perkins] to the plaintiff, at Charleston, S. C., as follows: “Boston, December 9, 1802. Nathaniel Russell. Esq. — Dear Sir: Should our friend, Mr. Josiah Sturgis, require your support in his negotiations at the banks, we hereby agree to guarantee any notes you may endorse for him to the amount of ten thousand dollars.
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Assumpsit on a letter of guaranty, addressed by the defendants [James and T. H. Perkins] to the plaintiff, at Charleston, S. C., as follows: “Boston, December 9, 1802. Nathaniel Russell. Esq. — Dear Sir: Should our friend, Mr. Josiah Sturgis, require your support in his negotiations at the banks, we hereby agree to guarantee any notes you may endorse for him to the amount of ten thousand dollars. And we shall feel ourselves obliged by any kindness or favors you may think proper to afford him. We are,” &c. The cause came on to be tried upon the plea of the general issue; and upon the statute…
1Opinion of the Court
STORY, Circuit Justice.
I am of opinion, that the plaintiff is not entitled to recover. Independently of every other objection, it is decisive against the plaintiff, that the case is not brought within the terms of the guaranty. The guaranty cannot in reason be construed beyond the plain and obvious import of its language. The letter imports, that the defendants will guaranty any notes endorsed by the plaintiff for Mr. Sturgis to the amount of ten thousand dollars. It does not cover any notes endorsed for the firm of Sturgis *57and Lovell. Nothing can be clearer, than that a guaranty of the notes…
2Cited by3 opinions
- Locke v. McVeanMichigan Supreme Court · 1876
- Bell v. NorwoodSupreme Court of Louisiana · 1834
- Ringgold v. NewkirkSupreme Court of Arkansas · 1840