Dobbin v. Bradley
New York Supreme Court
Error from the superior court of the city of New York. This was an action on a guaranty in these words: “ Washington City, 20tli June, 1827. Mr. Andrew Smith being about to embark in business in this city, and having entire confidence in his integrity and ability, and being satisfied that the business he is about to engage in, will be both safe and profitable, I hereby engage, with the view to assist him, to guarantee the payment of his paper made payable at the United…
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Error from the superior court of the city of New York. This was an action on a guaranty in these words: “ Washington City, 20tli June, 1827. Mr. Andrew Smith being about to embark in business in this city, and having entire confidence in his integrity and ability, and being satisfied that the business he is about to engage in, will be both safe and profitable, I hereby engage, with the view to assist him, to guarantee the payment of his paper made payable at the United States Branch Bank of this place, to an amount not exceeding $5000, at such dates as he may find expedient. (Signed,) William…
1Opinion of the Court
By the Court,
Bronson, J.
The defendant had an undoubted right to prescribe the terms, and to say in what manner, and under what circumstances he would become answerable for the contracts of Smith; and to the extent of his undertaking, when fairly construed, he is bound and no further. The question is not whether the conditions, by which he has thought proper to qualify his liability, were either reasonable or unreasonable; nor whether they could in any way prove beneficial to the defendant. He had a right to judge of that matter for himself, and we have no authority to review his judgment. He…
2Cases cited2 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Wright v. JohnsonNew York Supreme Court · 1832
3Cited by47 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- State v. McFetridgeWisconsin Supreme Court · 1893
- Gates v. . McKeeNew York Court of Appeals · 1855
- Rindge v. . JudsonNew York Court of Appeals · 1861
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