Josselyn v. Ames
Massachusetts Supreme Judicial Court
The declaration was in case, and set forth a promissory note from one John Ames, payable to the defendant, for 118 dollars with interest; after which the declaration proceeds:—“And the said Oliver there afterwards, on the same day, by his writing under his hand on the back of said note, in consideration that the plaintiff had loaned to the said John, brother to said Oliver, and with whom the said Oliver then had a subsisting connection, 118 dollars, the said Oliver then and…
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The declaration was in case, and set forth a promissory note from one John Ames, payable to the defendant, for 118 dollars with interest; after which the declaration proceeds:—“And the said Oliver there afterwards, on the same day, by his writing under his hand on the back of said note, in consideration that the plaintiff had loaned to the said John, brother to said Oliver, and with whom the said Oliver then had a subsisting connection, 118 dollars, the said Oliver then and there promised the said Elisha to guaranty to him the payment of the contents of said note on demand, and then and…
1Per curiam
The guarantor in that case was not the promisee, but a stranger, who warranted the payment to him. He cannot himself warrant to a third person payment of a note made payable *242to himself, and not negotiable. The plaintiff cannot recover in this action; but according to the facts reported, he may cancel what he has endorsed on the note, and instead thereof may write, “ For value received, I undertake to pay the money within mentioned to E. J.” And upon such an endorsement he may maintain an action on the facts reported.
Bay lies, for the defendant.
The parties afterwards agreed that judgment…
2Cases cited4 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Tillman v. WheelerNew York Supreme Court · 1820
- Birchard v. BartletMassachusetts Supreme Judicial Court · 1817
- Carver v. WarrenMassachusetts Supreme Judicial Court · 1809
3Cited by54 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Dean v. HallNew York Supreme Court · 1837
- Hopkins, Brother & Co. v. RichardsonSupreme Court of Virginia · 1852
- Oakley v. BoormanNew York Supreme Court · 1839
- Herrick v. CarmanNew York Supreme Court · 1815
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