Craft v. Isham
Supreme Court of Connecticut
This was an action of assumpsit, founded on a written guaranty signed by the defendant. The declaration contained three counts ; in the first and third of which the guaranty was recited. The cause was tried at Norwich, March term, 1838, before Huntington, J. On the trial, the plaintiffs abandoned the second count. In support of the first and third counts, the plaintiffs produced and read in evidence a writing in these terms : “ New-London, April 14lh, 1832. Messrs.
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This was an action of assumpsit, founded on a written guaranty signed by the defendant. The declaration contained three counts ; in the first and third of which the guaranty was recited. The cause was tried at Norwich, March term, 1838, before Huntington, J. On the trial, the plaintiffs abandoned the second count. In support of the first and third counts, the plaintiffs produced and read in evidence a writing in these terms : “ New-London, April 14lh, 1832. Messrs. W, E. Sp J. F. Craft: Gentlemen, understanding from Mr. J. B. Turner, that he has some proposals from your Mr. J F. Craft to…
1Opinion of the CourtBissell, J.
The case depends on the propriety of the direction of the judge to thejury. It has been elaborately discussed before us, and now remains for our decision.
It may here be remarked, that the judge did not place the *32case on the around, that no notice of the acceptance of the was given to the defendant, but on the single ground that he was not notified within a reasonable time, of the advances made under the guaranty, and for which he was held to be liable. It being, however, admitted, that the defendant was not notified of the acceptance of the guaranty, if, in point of law, he was entitled to…
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