Fellows v. Prentiss
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. Fellows and the other plaintiffs in error sued Prentiss in the supreme court, and declared in assumpsit, to which the latter pleaded non-assumpsit. On the trial at the New-York circuit, in July, 1843, the plaintiffs gave in evidence a letter addressed to themselves by the defendant in the following words: “Messrs.
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On error from the supreme court. Fellows and the other plaintiffs in error sued Prentiss in the supreme court, and declared in assumpsit, to which the latter pleaded non-assumpsit. On the trial at the New-York circuit, in July, 1843, the plaintiffs gave in evidence a letter addressed to themselves by the defendant in the following words: “Messrs. Fellows, Cargill & Co.—Gentlemen : I hereby agree to guarantee to you the payment of such amount of goods, at a credit of one year, int. after six months, not exceeding $500, as you may credit to John H. Prentiss of Herkimer. May 28tb, 1835. Yours,…
1Opinion of the Court
The Chancellor.
The object- of this suit was to charge the defendant, as guarantor-for-the indebtedness of his nephew. And to render him liable, it is necessary that he should have entered into a written agreement- to be answerable for such indebtedness ; and that the consideration for such agreement should be expressed therein. (2 R. S. 135, §2.) The guaranty of the 28th of- May* 1835, was such an agreement-; as. it showed that the goods to be delivered to the nephew, on-credit-.for one year, to an amount not exceeding $500, were the consideration of the defendant’s promise-to guaranty the…
2Cases cited13 opinions
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- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Adams, Cunningham & Co. v. JonesSupreme Court of the United States · 1838
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
- Putnam v. LewisNew York Supreme Court · 1811
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3Cited by65 opinions
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- Smith v. SheldenMichigan Supreme Court · 1876
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Gates v. . McKeeNew York Court of Appeals · 1855
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