Legal Opinion

Allen v. Pike

Massachusetts Supreme Judicial Court

Decided March 15, 1849Published

This action was brought against the defendant, to recover of him the amount of a promissory note, dated October 28th, 1844, for about two hundred and twenty-five dollars, signed by Samuel M. Dockam, and payable to the plaintiff in six months.

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This action was brought against the defendant, to recover of him the amount of a promissory note, dated October 28th, 1844, for about two hundred and twenty-five dollars, signed by Samuel M. Dockam, and payable to the plaintiff in six months. The writ was dated January 13th, 1846. The ground of action against the defendant was the signature by him, under date of May 30th, 1842, of a guaranty or letter of credit directed to the plaintiff and Charles Lee of the following tenor: — “ I hereby make myself responsible for whatever amount Mr. Samuel M. Dockam, of Portsmouth, N. H., may become…

1Opinion of the CourtWilde, J.

This is an action of assumpsit on a contract of guaranty in writing, in the words following, namely'': —

[Here the judge repeated the terms of the instrument, inserted on the preceding page.]

This letter of credit was directed to the plaintiff and one Charles Lee, by the defendant, and was dated the 30th of May, 1842. It appeared in evidence, by the testimony of Dockam, that he gave the letter to the plaintiff soon aftei *241its date, and afterwards purchased goods of him, from time to time, until October, 1844, when he purchased the goods for the price of which this action was brought; and that he…

2Cases cited1 opinion

  1. Beekman v. HaleNew York Supreme Court · 1819

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