Eddowes v. Niell
Supreme Court of Pennsylvania
This was an action on the case, for goods sold and delivered to William Niell, upon a special assumpsit by the defendant, Thomas Niell, to guaranty the payment of the price : pleas, 1st, non assumpsit, on which issue was joined ; and 2d, the statute of limitations, to which, resident beyond seas, was replied, &c. The plaintiffs were British mei’chants, from whom William Niell, a trader in Baltimore, was accustomed to import goods.
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This was an action on the case, for goods sold and delivered to William Niell, upon a special assumpsit by the defendant, Thomas Niell, to guaranty the payment of the price : pleas, 1st, non assumpsit, on which issue was joined ; and 2d, the statute of limitations, to which, resident beyond seas, was replied, &c. The plaintiffs were British mei’chants, from whom William Niell, a trader in Baltimore, was accustomed to import goods. On the 14th of Januaiy 1771, his brother, the defendant, wrote a letter to them, in which he said, “ that to strengthen his brother’s credit, he would guaranty all…
1Opinion of the Court
By the Court.
— Letters of credit are a common and useful instrument in the course of commerce. They are, however, of a very serious nature ; and the writer is bound to comply with the contents, according to their genuine and honest import. In order to render them obligatory as a contract, it is not necessary, that they should be answered, if credit is given upon them. Like the case of transmitting a bond, in a letter, acquiescence and acceptance are implied, in the silent receipt of the instrument.
It has been urged that the lapse of nineteen years, without notice of a default in payment by…
2Cited by1 opinion
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