Legal Opinion

Wildes v. Savage

U.S. Circuit Court for the District of Massachusetts

Decided October 15, 1839PublishedCited by 21 opinions

Assumpsit on a guaranty. The case came on to be heard upon a statement of facts, agreed by the parties, in substance as follows: The plaintiffs are bankers, doing business in London and in Boston. Samuel Austin, Jr. is their agent and attorney.

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Assumpsit on a guaranty. The case came on to be heard upon a statement of facts, agreed by the parties, in substance as follows: The plaintiffs are bankers, doing business in London and in Boston. Samuel Austin, Jr. is their agent and attorney. In .Tune, 183C, James S. Bruce, a merchant of Boston, applied to Mr. Austin for a credit upon the plaintiffs for two thousand pounds sterling, which said Austin agreed to issue, in behalf of the plaintiffs, upon condition, that the goods, purchased with the proceeds, should be consigned to the plaintiffs, and that, in addition thereto, as a further…

1Opinion of the Court

STORY, Circuit Justice.

Several points have been suggested at the argument, upon some of which I do not entertain any doubt; and, therefore, they may be disposed of in a few words. It is said, that by the law of England, where the bill of exchange, drawn in this case, was to be accepted, and to be payable, a promise to accept a non-existing bill, even though the bill is taken by the holder upon the faith of that promise, does not amount to an acceptance of the bill, when drawn, in favor of the holder. The opinions of Sir Frederick Pollock and Mr. Hill, who are admitted, on all sides, to be…

2Cited by21 opinions

  1. Davis v. WellsSupreme Court of the United States · 1881
  2. Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
  3. McKecknie v. . WardNew York Court of Appeals · 1874
  4. Walker v. ForbesSupreme Court of Alabama · 1854
  5. Barhydt v. . EllisNew York Court of Appeals · 1871

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