Williams v. Marshall
New York Supreme Court
APPEAL from a judgment rendered at a special term, on the verdict of a jury. The plaintiffs alleged, in their complaint, that on the 2d day of March, 1857, the defendants entered into a certain contract of guaranty, whereby they agreed with certain persons then doing business under the firm name of J. H. Colton & Co., that if the latter would sell and deliver maps, books, or other publications to one William H. Hadley, for which said books, maps, &c. said Hadley should not…
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APPEAL from a judgment rendered at a special term, on the verdict of a jury. The plaintiffs alleged, in their complaint, that on the 2d day of March, 1857, the defendants entered into a certain contract of guaranty, whereby they agreed with certain persons then doing business under the firm name of J. H. Colton & Co., that if the latter would sell and deliver maps, books, or other publications to one William H. Hadley, for which said books, maps, &c. said Hadley should not pay within three months from the date of each invoice or delivery, the defendants would pay, and that thereupon the…
1Opinion of the Court
By the Court,
Clerke, J. I.
It is objected, that, because in the body of the instrument in question the name of the principal is inserted as one of the obligors, it ought to have been subscribed by him, in order to make it binding on the sureties. The omission of the principal to sign the instrument operates in no respect prejudicially to the latter. In the recital, they declare that they contract as sureties, and that William H. Hadley is principal; so that if he had signed it, his relation to them, or to the vendor of the goods, would be, in no degree, different from what it now is. In either…
2Cited by8 opinions
- Clark v. Bank of HennesseySupreme Court of Oklahoma · 1904
- St. Louis Brewing Ass'n v. HayesCourt of Appeals for the Fifth Circuit · 1899
- Star Grocery Co. v. BradfordWest Virginia Supreme Court · 1912
- Dahlman v. HammelWisconsin Supreme Court · 1878
- Hartley Silk Manufacturing Co. v. BergSuperior Court of Pennsylvania · 1911
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