Melendy v. Capen
Massachusetts Supreme Judicial Court
Contract upon the following instrument, signed by the defendants : “ In consideration of one dollar paid to us by Melendy, Hixon & Co., of Boston, the receipt whereof is hereby acknowledged, we hereby agree to guaranty the payment to the said Melendy, Hixon & Co. for any goods which may be purchased of them by Alvah Wentworth, of Lynn, not however binding ourselves to become responsible for a larger sum than five hundred dollars, except by another special agreement.
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Contract upon the following instrument, signed by the defendants : “ In consideration of one dollar paid to us by Melendy, Hixon & Co., of Boston, the receipt whereof is hereby acknowledged, we hereby agree to guaranty the payment to the said Melendy, Hixon & Co. for any goods which may be purchased of them by Alvah Wentworth, of Lynn, not however binding ourselves to become responsible for a larger sum than five hundred dollars, except by another special agreement. The above guaranty to remain in force until it is withdrawn by us.” At the trial in the Superior Court, before Pitman, J., the…
1Opinion of the Court
By the Court.
The contract sued on clearly appears upon its face to have been intended to be a continuing guaranty. Bent v. Hartshorn, 1 Met. 24. Hatch v. Hobbs, 12 Gray, 447. Boston & Sandwich Glass Co. v. Moore, 119 Mass. 435. The question of fact of extinguishment or discharge has been decided by the court below in favor of the plaintiffs.
Exceptions overruled.
2Cases cited1 opinion
- Boston & Sandwich Glass Co. v. MooreMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- Sullivan v. ArcandMassachusetts Supreme Judicial Court · 1896
- Crittenden v. FiskeMichigan Supreme Court · 1881
- Cutler v. BallouMassachusetts Supreme Judicial Court · 1884
- Bradshaw v. SibertSupreme Court of Minnesota · 1916