Rotch v. French
Massachusetts Supreme Judicial Court
Two ACTIONS OE CONTRACT, upon guaranties, one to William J. Botch and the other to A. H. Seabury, in similar form, of the same date, and signed by William A. French, E. A. Potter, W. Herbert Wilson, and H. 0. French. Writs dated June 29,1896. The guaranty to Botch is given in the opinion.
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Two ACTIONS OE CONTRACT, upon guaranties, one to William J. Botch and the other to A. H. Seabury, in similar form, of the same date, and signed by William A. French, E. A. Potter, W. Herbert Wilson, and H. 0. French. Writs dated June 29,1896. The guaranty to Botch is given in the opinion. At the trial in the Superior Court before Fessenden, J., the defendant requested the judge to direct a verdict for him in each case, contending that there was no evidence that the guaranties were given for the consideration claimed by the plaintiffs; that they did not cover more than one dividend which it…
1Opinion of the CourtHolmes, C. J.
These are actions upon guaranties signed by the defendant and others in similar form as follows : “ Chicago, Jan. 1, 1886. We hereby guarantee the payment to Mr. William J. Rotch of a dividend of 6% per annum on stock subscribed to this day in the corporation of French, Potter & Wilson.” It appeared that Rotch and Seabury, the other person receiving a guaranty, respectively subscribed for one hundred shares in the corporation. The plaintiffs contended and the jury found that the agreements to take these shares were the considerations for the guaranties. The first question raised by the…
2Cases cited3 opinions
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Drummond v. CraneMassachusetts Supreme Judicial Court · 1893
- Park v. WhitneyMassachusetts Supreme Judicial Court · 1889
3Cited by8 opinions
- Zeo v. LoomisMassachusetts Supreme Judicial Court · 1923
- Fitzsimmons v. HaleMassachusetts Supreme Judicial Court · 1915
- Creighton v. ElwellMassachusetts Supreme Judicial Court · 1923
- Tilton v. WhittemoreMassachusetts Supreme Judicial Court · 1909
- Williams v. KnibbsMassachusetts Supreme Judicial Court · 1913
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