Valentine v. Wheeler
Massachusetts Supreme Judicial Court
Contract brought for the benefit of George M. Chapman, apon a joint and several bond in the sum of $40,000, executed by John P. Wheeler, as principal, and the defendant and another, as sureties, and containing the following condition : “ If the said John P. Wheeler or his assigns shall well and truly pay, or cause to be paid, all demands, acceptances or indorsements and obligations for which said [Charles H.] Valentine is in anywise responsible for or on account of said firm…
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Contract brought for the benefit of George M. Chapman, apon a joint and several bond in the sum of $40,000, executed by John P. Wheeler, as principal, and the defendant and another, as sureties, and containing the following condition : “ If the said John P. Wheeler or his assigns shall well and truly pay, or cause to be paid, all demands, acceptances or indorsements and obligations for which said [Charles H.] Valentine is in anywise responsible for or on account of said firm of John P. Wheeler & Co., and shall hold and save said Valentine harmless and free from loss or inconvenience on…
1Opinion of the CourtAmes, J.
It has been said in Gilbert v. Wiman, 1 Comst. 550, that there is no branch of the law in which the decisions of the courts have been more fluctuating than in regard to the rule of damages in suits on contracts in the nature of indemnity. It is intimated in that case that the more just and reasonable rule would be that the damages should be measured by the loss actually sustained; and it is added that such is the tendency of the more modern decisions both in this country and in England. On the other hand, it is well established by numerous decisions, that upon a promise by one person to pay a…
2Cases cited3 opinions
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Webb v. Pond & LansingNew York Supreme Court · 1838
- Wallis v. CarpenterMassachusetts Supreme Judicial Court · 1872
3Cited by10 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Leshefsky v. American EmPloyers' InsuranceMassachusetts Supreme Judicial Court · 1936
- Cormier v. HudsonMassachusetts Supreme Judicial Court · 1933
- Montgomery Door & Sash Co. v. Atlantic Lumber Co.Massachusetts Supreme Judicial Court · 1910
- Bullard v. MoorMassachusetts Supreme Judicial Court · 1893
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