Gowen v. Gerrish
Supreme Judicial Court of Maine
ExceptxoNS from the Court of Common Picas, Whitman C. J. presiding. Debt upon a sealed instrument of which the following is a copy.
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ExceptxoNS from the Court of Common Picas, Whitman C. J. presiding. Debt upon a sealed instrument of which the following is a copy. “ Know all men by these presents, that whereas John Gowen of Shapleigh has given me a bond to convey certain real estate of the amount of $6000, a long day of payment given, and no mortgage conveyance for security, that I, Ansel Gerrish of Shapleigh, do bind myself and am firmly held unto said Gowen in the full and just sum of seven thousand dollars well and truly to be paid unto the said Gowen. Dated and sealed with my seal, the 27th day of May, 1835. The…
1Opinion of the Court
The case was continued for advisement, and the opinion of the Court was subsequently drawn up by
Weston C. J.
The language of the instrument, upon which this action is brought, is peculiar; but we think it is not difficult to understand what the parties intended. The defendant had obtained from the plaintiff a long credit, upon a contract for the purchase of real estate. His ability to pay might be greatly impaired, by his becoming surety for others. To relieve the plaintiff from the hazard thence arising, the defendant obligated himself, that if he did become surety for any one, while the…
2Cases cited1 opinion
- Gammon v. HoweSupreme Judicial Court of Maine · 1837
3Cited by2 opinions
- Cavanaugh v. ConwaySupreme Court of Rhode Island · 1914
- Greely v. SmithU.S. Circuit Court for the District of Maine · 1847