Legal Opinion
Excelsior Manufacturing Co. v. Wheelock
New Mexico Supreme Court
Decided January 6, 1892No. 438Published
Appeal, from a judgment for defendant, from the 'Second Judicial District Court, Bernalillo County. The facts are stated in the opinion of the court.
1Opinion of the CourtO’Brien, C. J.
This is an action of assumpsit on • a written contract of the tenor following:
“Albtjqueeqije, N. M., August 27, 1883. “Excelsior Mf’g Co., St. Louis, Mo.
“Gents: — I will be responsible for any material purchased of you by George F. Wheelock.
“Yours, . Jesse M. Wheelock. [seal]”
guaranty: signature with scroll: assumpsit: eviaence. Acknowledged before a notary public. On the trial in the court below to a jury, plaintiff, in support of his action offered this instrument in evidence. Defendant objected to its admissibility, on the grpund that it was a specialty, upon which an action of assumpsit…
2Cases cited2 opinions
- Warren v. LynchNew York Supreme Court · 1810
- Meredith v. HinsdaleNew York Supreme Court · 1805