Grant v. Naylor
Supreme Court of the United States
Error to the Circuit Court for the district of Maryland, in an action of assumpsit, brought by John and Jeremiah Naylor against Daniel Grant.
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Error to the Circuit Court for the district of Maryland, in an action of assumpsit, brought by John and Jeremiah Naylor against Daniel Grant. The verdict and judgment below were for the plaintiffs, on the second count of the declaration, which stated, in substance, that it was agreed between the plaintiffs and defendants, that if the plaintiffs would, at the request of the defendant, sell and deliver to a John Hackett and Alexander *2251 ®railt “ divers goods, wares and merchandises,” he, *the defendant, J in consideration of the same, promised to pay the plaintiffs as much money as they…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court, as follows : — In this case, three points are made by the plaintiff in error on the letter which constitutes the basis of this action. He contends, 1st. That this letter being a collateral undertaking, and being addressed to John and Joseph Naylor ¿5 Go., the plaintiffs below cannot be admitted to prove by parol testimony, that it was intended for, and is, an assumpsit to John and Jeremiah Naylor. 2d. That the undertaking was conditional, and required notice to be given to the writer of the intent and nature of his liability. *8d. That it is…
2Cited by1 opinion
- Grant v. NaylorSupreme Court of the United States · 1808