Sartwell v. Humphrey
Massachusetts Supreme Judicial Court
Contract on a guaranty. The case was sent to an auditor, who found the following facts; The plaintiff, by an indenture dated January 18, 1883, and duly recorded, leased to James O. Egerton and Isaac F. Kendall the three upper stories of a building in Boston, for the term of ten years from March 1, 1873, at an annual rental of $3500. Before the delivery of this indenture, the defendant, who is an aunt of Egerton, one of the lessees, executed a guaranty under seal, which was…
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Contract on a guaranty. The case was sent to an auditor, who found the following facts; The plaintiff, by an indenture dated January 18, 1883, and duly recorded, leased to James O. Egerton and Isaac F. Kendall the three upper stories of a building in Boston, for the term of ten years from March 1, 1873, at an annual rental of $3500. Before the delivery of this indenture, the defendant, who is an aunt of Egerton, one of the lessees, executed a guaranty under seal, which was indorsed on the indenture, in the following terms : “ Know all men, that in consideration of one dollar to each of us…
1Opinion of the CourtField, J.
The objection that the defendant signed the guaranty on Sunday was waived at the argument. It does not appear that the lease was delivered on Sunday.
*398The construction we put upon the exceptions is, that the justice before whom the case was tried found for the plaintiff, and ruled that he was warranted in so finding by the facts found by the auditor, and the conceded fact that the eighteenth day of January, 1873, the written date of the guaranty, was Saturday. Swett v. Boyce, 134 Mass. 381. Hoar v. Goulding, 116 Mass. 132. Backus v. Chapman, 111 Mass. 386. Without determining whether the form…
2Cases cited4 opinions
- Backus v. ChapmanMassachusetts Supreme Judicial Court · 1873
- Hoar v. GouldingMassachusetts Supreme Judicial Court · 1874
- Brooks v. PrescottMassachusetts Supreme Judicial Court · 1874
- Swett v. BoyceMassachusetts Supreme Judicial Court · 1883
3Cited by3 opinions
- Sylvester v. SheaMassachusetts Supreme Judicial Court · 1932
- Roth v. AdamsMassachusetts Supreme Judicial Court · 1904
- Cray v. Wells-Holmes Co.Massachusetts Supreme Judicial Court · 1927