Benjamin v. Hillard
Supreme Court of the United States
This case was brought up by writ of error from the Circuit Court of the United States for the southern district of New York. Hillard & Mordecai, the plaintiffs below, of Wilkesbarre, in Pennsylvania, made a contract with Hopkins & Leach, of Elmira, New York, dated September 11, 1847, under seal.
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This case was brought up by writ of error from the Circuit Court of the United States for the southern district of New York. Hillard & Mordecai, the plaintiffs below, of Wilkesbarre, in Pennsylvania, made a contract with Hopkins & Leach, of Elmira, New York, dated September 11, 1847, under seal. Benjamin guarantied the performance of this contract, as follows : . “Eor value received, I hereby guaranty the performance of the within contract on the part of Hopkins & Leach; and in case, of non-performance thereof, to refund to Messrs. Hillard & Mordecai all sums of money they may pay or advance…
1Opinion of the CourtJustice Campbell
In September, 1847, Hillard & Mordeeai employed the. firm of Hopkins & Leach to make at Elmira, in New York, and deliver to them at Wilkesbarre, Pennsylvania, a steam engine, and apparatus necessary to put the same in complete operation, of the best materials and in the most substantial and workmanlike .manner, according to specifications, and warranted to be of sufficient capacity and strength to drive six run of stones, and the gearing and machinery necessary for flouring and gristing purposes. Also, to make and deliver the cast-iron, wrought-iron, steel, and composition work for driving…
2Cited by54 opinions
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- Pollack v. PollackTexas Commission of Appeals · 1931
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Marsh v. McPhersonSupreme Court of the United States · 1882
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