Indiana Bicycle Co. v. Tuttle
Supreme Court of Connecticut
Action to recover the balance of a merchandise account guaranteed by the defendant, brought to the Court of Common Pleas in Hartford County and tried to the court, Peek, J.; facts found and judgment rendered for the plaintiff for $256, and appeal by the defendant for alleged errors in the rulings and findings of the court.
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Action to recover the balance of a merchandise account guaranteed by the defendant, brought to the Court of Common Pleas in Hartford County and tried to the court, Peek, J.; facts found and judgment rendered for the plaintiff for $256, and appeal by the defendant for alleged errors in the rulings and findings of the court. The following are the material facts found : The plaintiff, a corporation located in Indiana and engaged in the bicycle business, made a written contract with George N. Olmsted, in March, 1898, by which Olmsted took the agency for the sale of the plaintiff’s goods at…
1Opinion of the CourtTorrance, C. J.
The principal questions in this case are whether the guaranty sued upon was one which continued “ until further notice” from the defendant to the plaintiff, and whether the defendant gave that notice before the indebtedness sued for was incurred. The first question must be answered in the affirmative. The contract provides in express terms that it shall be a continuing guaranty in favor of the plaintiff, to the amount of $500, until further notice from the defendant to the plaintiff; and there is nothing in the contract, or in the facts found, to detract from the force of this express…
2Cited by6 opinions
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- Charles Fisher v. First Stamford Bank and Trust CompanyCourt of Appeals for the First Circuit · 1984
- Charles Fisher v. First Stamford Bank and Trust CompanyCourt of Appeals for the First Circuit · 1984
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