Legal Opinion

Mauran v. Bullus

Supreme Court of the United States

Decided March 10, 1842PublishedCited by 22 opinions

IN error to the Circuit Court of the United States for the district of Rhode Island. The case, as stated in the opinion of the Court, is as follows: “ The defendant in error and Joshua Mauran, Jr., of the city of New York, on thé 8th of September, 1S36, entered into articles of copartnership in the trade and business-, .of general shipping merchants, and of buying and selling merchandise on their own account, and also on commission for the account of others; which was to…

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IN error to the Circuit Court of the United States for the district of Rhode Island. The case, as stated in the opinion of the Court, is as follows: “ The defendant in error and Joshua Mauran, Jr., of the city of New York, on thé 8th of September, 1S36, entered into articles of copartnership in the trade and business-, .of general shipping merchants, and of buying and selling merchandise on their own account, and also on commission for the account of others; which was to continue three years. Mauran agreed to pay into the firm as capital stock, such sums as" he should be able to realize on…

1Opinion of the Court

Mr. Justice M‘Lean

delivered the opinion of the Court.

Mr. Justice MlLcan after stating the facts, said,

The questions in this case arise on the instructions of the Court; and they, very properly,, as we think, refer the jury to the facts and circumstances under which the guarantee was’ given- It is only: by such reference that that instrument can be correctly understood and construed. In the construction of all instruments, to ascertain the intention of the parties is the great objectof the Court; and this is especially the case in acting upon guarantees.

The guarantee under consideration, in…

2Cited by22 opinions

  1. Lawrence v. McCalmontSupreme Court of the United States · 1844
  2. Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
  3. Bell v. BruenSupreme Court of the United States · 1843
  4. Rindge v. . JudsonNew York Court of Appeals · 1861
  5. Community Bldg. Co. v. Maryland Casualty Co.Court of Appeals for the Ninth Circuit · 1925

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