Hall v. Rand
Supreme Court of Connecticut
This was an action of assumpsit upon a written guaranty in the following words: “Middletown, May 23rd, 1823. Whereas Joel Mall has agreed to indorse Samuel Cooper’s notes, at the Middletown Bank, to the amount of 4000 dollars, I hereby agree to be responsible to said Hall for one half the amount of any loss he may sustain, by said indorsement; and I agree to pay the one half of any payments which said Hall may be obliged to pay, in the same manner and at the same time, which…
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This was an action of assumpsit upon a written guaranty in the following words: “Middletown, May 23rd, 1823. Whereas Joel Mall has agreed to indorse Samuel Cooper’s notes, at the Middletown Bank, to the amount of 4000 dollars, I hereby agree to be responsible to said Hall for one half the amount of any loss he may sustain, by said indorsement; and I agree to pay the one half of any payments which said Hall may be obliged to pay, in the same manner and at the same time, which I should be obliged to pay it, provided I was joint indorser with him on said notes.” [Signed by the defendant.] There…
1Opinion of the Court
Hosmer, Ch. J.
The minor points in this case may by despatched in a few words.
The plaintiff, unquestionably, was authorized, by the defendant, to indorse the notes of Cooper, by an attorney. On any construction, the agreement to indorse was certain; and the act required the exercise of neither judgment nor discretion. It was a fixed fact, and capable of delegation. Pal. Ag. passim.
To notify the defendant of the indorsements, when made, was no part of the plaintiff’s duty, enjoined by law or required by the agreement; nor was the defendant, in any sense, an indorser of the notes in question,…
2Cases cited9 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
- Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815
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3Cited by12 opinions
- Easterbrook v. Hebrew Ladies Orphan SocietySupreme Court of Connecticut · 1912
- Gay v. WardSupreme Court of Connecticut · 1895
- Craft v. IshamSupreme Court of Connecticut · 1838
- Locke v. McVeanMichigan Supreme Court · 1876
- Crist v. BurlingameNew York Supreme Court · 1862
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