Legal Opinion

March v. Putney

Supreme Court of New Hampshire

Decided August 13, 1875Published

From Merrimack Circuit Court. Assumpsit, upon a contract of guaranty. Writ dated March 5,1874. The cause was sent to a referee, who made the following report: “ The action is brought to recover of the defendant, as guarantor, for goods sold his two sons, Fred C. and Charles IT. Putney. The guaranty is as follows: In consideration of one dollar to me paid by March Bros.

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From Merrimack Circuit Court. Assumpsit, upon a contract of guaranty. Writ dated March 5,1874. The cause was sent to a referee, who made the following report: “ The action is brought to recover of the defendant, as guarantor, for goods sold his two sons, Fred C. and Charles IT. Putney. The guaranty is as follows: In consideration of one dollar to me paid by March Bros. Pierce & Co., of Boston, Massachusetts, I do hereby guarantee to them the prompt payment, within four months from the date of purchase, for all goods which the said March Bros. Pierce & Co. may from time to time sell to my…

1Opinion of the Court

FROM MERRIMACK CIRCUIT COURT. In order to constitute a valid guaranty, there must be a sufficient consideration, a delivery by the guarantor, an acceptance by the person to whom it is given, a subsequent delivery of goods or other property under and in accordance with its terms, and, if the guaranty is collateral, request of payment within a reasonable time of the person for whose benefit it is given, and notice to the guarantor of non-payment. This, however, is not necessary in all cases.

Where the undertaking to pay is absolute, notice to the guarantor is unnecessary. His liability is fixed…

2Cases cited1 opinion

  1. Beebe v. DudleySuperior Court of New Hampshire · 1853

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