Sickle v. Marsh
New York Supreme Court
Action tried without a jury. On the 25th of April, 1870, the defendant, Marsh, and one Banker, now deceased, (for whom his executrix has been substituted,) wrote a letter; of which the following is a copy: “ Troy, April 25,1870.. “Messrs. Allen & Co., New York. Cents. The bearer, Mr. Leonard Wager, Troy, N. Y., is going to start a pedling route to sell cigars and tobacco. He wishes to buy his goods of your firm if you will give him a liberal credit.
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Action tried without a jury. On the 25th of April, 1870, the defendant, Marsh, and one Banker, now deceased, (for whom his executrix has been substituted,) wrote a letter; of which the following is a copy: “ Troy, April 25,1870.. “Messrs. Allen & Co., New York. Cents. The bearer, Mr. Leonard Wager, Troy, N. Y., is going to start a pedling route to sell cigars and tobacco. He wishes to buy his goods of your firm if you will give him a liberal credit. We, the undersigned, will be his security to the amount of one thousand dollars. “ Signed, T. S. Banker ; “P. J. Marsh.” This was, by Marsh and…
1Opinion of the CourtLearned, J.
The principle is settled that instruments of this kind are to have a liberal construction. “ If the language is ambiguous, and admits of two fair interpretations, and the guarantee has advanced his money on the faith of the interpretation most favorable to his rights, that interpretation will prevail in his favor.” (Lawrence agt. McCalmont, 2 How. U. S., 426.) It is true that, when the meaning of the guaranty is ascertained, the liability of the guarantor is not to be extended by implication. This is what is meant by saying that a guaranty is strictissimi juris. (Dobbin agt Bradley, 17 Wend.…
2Cases cited7 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Dobbin v. BradleyNew York Supreme Court · 1837
- Gates v. . McKeeNew York Court of Appeals · 1855
- Rindge v. . JudsonNew York Court of Appeals · 1861
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3Cited by5 opinions
- Stewart v. Knight & Jillson Co.Indiana Supreme Court · 1906
- Frost v. Standard Metal Co.Appellate Court of Illinois · 1904
- Weill v. HechtThe Superior Court of the City of New York and Buffalo · 1895
- Gates v. McKeeNew York Court of Appeals · 1855
- Weill v. HechtThe Superior Court of New York City · 1895