Bigelow v. Benton
New York Supreme Court
This was an action of assumpsit, brought upon the following contract, in writing: “ Little Falls, May 15th, 1847. “ Messrs. Bigelow, Moore & Taylor, Troy: “ Gentlemen—Mr. Rodney Durkee informs me that he is negotiating with you to purchase and supply wheat and corn to stock his mill, in this village, the ensuing seasbn.
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This was an action of assumpsit, brought upon the following contract, in writing: “ Little Falls, May 15th, 1847. “ Messrs. Bigelow, Moore & Taylor, Troy: “ Gentlemen—Mr. Rodney Durkee informs me that he is negotiating with you to purchase and supply wheat and corn to stock his mill, in this village, the ensuing seasbn. In furtherance of such an arrangement, to be made between you and said Durkee, I, for value received, hereby guarantee the shipment and delivery to you, at Troy, by said Durkee, of a barrel of flour, superfine, for every four and a half bushels (two hundred and seventy pounds)…
1Opinion of the Court
By the Court, Parker, J.
The contract on which this suit is brought was clearly a contract of guaranty. It was so declared upon its face, and such is its import. It was made Avith reference to a negotiation then pending betiveen the plaintiffs and Durkee. The defendant prescribed the precise terms and conditions of his guaranty, and no rule is better settled than that the terms of the guaranty must be strictly complied with, or the guarantor will not be bound. It is a claim strictissimi juris. (Miller v. Stewart, 9 Wheat. 680. Wright v. Johnson, 8 Wend. 512. Walsh v. Bailie, 10 John. 180.…
2Cases cited5 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Dobbin v. BradleyNew York Supreme Court · 1837
- Walsh v. BailieNew York Supreme Court · 1813
- Wright v. JohnsonNew York Supreme Court · 1832
- Hunt v. SmithNew York Supreme Court · 1837
3Cited by4 opinions
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- J.H.M.L. Ins. Co. v. . LowenbergNew York Court of Appeals · 1890
- John Hancock Mutual Life Insurance v. LowenbergNew York Court of Appeals · 1890
- Douglass v. FerrisNew York Supreme Court · 1892