Taylor v. Binney
Massachusetts Supreme Judicial Court
The plaintiff declares upon a promissory note, dated April 26th, 1805, subscribed by—Fales, and payable to the defendant or his order, in six months with interest; and avers an endorsement and guaranty thereof by the defendant to the plaintiff, and due intelli gence to collect the same of the promisor, and notice to the defendant of the promisor’s failure of payment, &c.
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The plaintiff declares upon a promissory note, dated April 26th, 1805, subscribed by—Fales, and payable to the defendant or his order, in six months with interest; and avers an endorsement and guaranty thereof by the defendant to the plaintiff, and due intelli gence to collect the same of the promisor, and notice to the defendant of the promisor’s failure of payment, &c. At the trial, which was had before Sewall, J., upon the general issue, the plaintiff gave in evidence the note declared on, and an endorsement made and signed by the defendant in these words: — “ Dec. 13th, 1805. I guaranty…
1Opinion of the Court
The action being continued nisi for advisement, the opinion of the Court was delivered in Suffolk, at an adjournment of the March term in that county, by
Sewall, J.
The plaintiff having been nonsuited, with liberty to move for a new trial, the report of the evidence, upon which the nonsuit was directed, has been considered by the Court.
In the argument upon the motion for a new trial, two questions have been discussed: whether the plaintiff has entitled himself to an action in his own name, upon the endorsement and guaranty of the defendant. And whether, if so entitled, the defendant is…
2Cited by27 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
- Partridge v. DavisSupreme Court of Vermont · 1848
- Myrick v. HaseySupreme Judicial Court of Maine · 1847
- Edgerly v. LawsonMassachusetts Supreme Judicial Court · 1900
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