Carleton v. Floyd, Rounds & Co.
Massachusetts Supreme Judicial Court
Contract against Floyd, Rounds and Company, a corporation organized under the laws of this Commonwealth, and A. W. Rounds, doing business under the name of A. W. Rounds and Company, for $587.94. Writ in the Municipal Court of the City of Boston dated January 19,1901. The defendant corporation filed a general denial. The answer of the defendant Rounds contained a general denial and set up the statute of frauds.
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Contract against Floyd, Rounds and Company, a corporation organized under the laws of this Commonwealth, and A. W. Rounds, doing business under the name of A. W. Rounds and Company, for $587.94. Writ in the Municipal Court of the City of Boston dated January 19,1901. The defendant corporation filed a general denial. The answer of the defendant Rounds contained a general denial and set up the statute of frauds. On appeal to the Superior Court the case was tried before • Lawton, J. No question was raised as to parties or pleadings. There was evidence tending to show that about June, 1900, the…
1Opinion of the CourtHammond, J.
This case cannot be distinguished in principle from Ames v. Foster, 106 Mass. 400.
The following language used by Morton, J. in that case is peculiarly applicable to this: “ The defendant’s promise was, in its primary and essential character, a promise to guarantee the debt of another. Its object was, to secure the payment of the old debt, which was not extinguished. The defendant’s liability was collateral and contingent, would exist as long as the original debt existed, and would be extinguished whenever the original debtors should pay that debt. It was not in any sense his debt; the…
2Cases cited4 opinions
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
- Paul v. WilburMassachusetts Supreme Judicial Court · 1905
3Cited by10 opinions
- Colpitts v. L. C. Fisher Co.Massachusetts Supreme Judicial Court · 1935
- Hammond Coal Co. v. LewisMassachusetts Supreme Judicial Court · 1924
- George Lawley & Son Corp. v. BuffMassachusetts Supreme Judicial Court · 1918
- Kalker v. BailenMassachusetts Supreme Judicial Court · 1935
- Washington & Devonshire Realty Co. v. FreedmanMassachusetts Supreme Judicial Court · 1928
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