Eddy & Co. v. Sturgeon
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. STATEMENT OF THE CASE. Isaac H. Sturgeon introduced to plaintiffs one William P. Wilson, and recommended him as a fit person to be trusted for goods; and thereupon the plaintiffs sold Wilson goods to the amount of $617 35. Defendant gave to the plaintiffs, at the time of the purchase, a guaranty for the payment of $400; and, at the same time, Wilson gave his note to plaintiffs for the balance, $217 35. Wilson failed to pay his…
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APPEAL from St. Louis Court of Common Pleas. STATEMENT OF THE CASE. Isaac H. Sturgeon introduced to plaintiffs one William P. Wilson, and recommended him as a fit person to be trusted for goods; and thereupon the plaintiffs sold Wilson goods to the amount of $617 35. Defendant gave to the plaintiffs, at the time of the purchase, a guaranty for the payment of $400; and, at the same time, Wilson gave his note to plaintiffs for the balance, $217 35. Wilson failed to pay his note, which fell due in thirty days from date. Eddy one of the plaintiffs, went to Iowa, where Wilson kept his store, and…
1Opinion of the CourtRyland, J.
This action is founded on a guaranty, and the question before us arises on the construction of the instrument, which is as follows, viz :
“St. Louis, May 2Sd, 1849.
Wm. P. Wilson has this day purchased of R. S. Eddy & Co , six hundred and seventeen dollars and thirty-five cents dry goods. And T bind myself to pay to gaid R. S- Eddy & Co., or see that said Wilson does, the sum of four hundred dollars, within ninety days from this date, to said Eddy & Co.
I. H. STURGEON.
W. P WILSON.”
*203The court of common pleas construed this guaranty so as to consider all payments made by Wilson, within the time, as…
2Cited by1 opinion
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