Perryman & Co. v. McCall
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw, Tried before the Hon. H. T. Toulmin. This action was brought by E. S. Perryman & Co., wholesale merchants in the city of Mobile, suing as partners, against Charles C. McCall, as guarantor for one j. R. Burns, to recover a balance of $565.95 due from said Burns for goods sold and delivered to bim by plaintiffs, at different times, during the year 1880, on the faith, as they alleged, of defendant’s written guaranty.
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Appeal from the Circuit Court of Choctaw, Tried before the Hon. H. T. Toulmin. This action was brought by E. S. Perryman & Co., wholesale merchants in the city of Mobile, suing as partners, against Charles C. McCall, as guarantor for one j. R. Burns, to recover a balance of $565.95 due from said Burns for goods sold and delivered to bim by plaintiffs, at different times, during the year 1880, on the faith, as they alleged, of defendant’s written guaranty. The letter relied on as a guaranty, and also the letter in reply to which it was written, are set out in the opinion of the court, where…
1Opinion of the CourtStone, J.
The question in this case is, whether there was a continuing guaranty, or whether it extended to only one, and the first purchase. A brief history of the transacaction is necessary to a proper solution of this question. Perryman & Co. were wholesale dealers in the city of Mobile. Burns, proposing to go into a retail business in the country, had a letter written to them, asking credit, and asking them to fill a bill he forwarded, amounting to some two hundred or more dollars. \ To this they replied, April 28th,' 1880, in which they used the following language : “As we have no personal…
2Cases cited10 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
- Gard v. StevensMichigan Supreme Court · 1864
- Cahuzac & Co. v. SaminiSupreme Court of Alabama · 1856
- Walker v. ForbesSupreme Court of Alabama · 1857
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3Cited by1 opinion
- The S. Hamill Co. v. WoodsSupreme Court of Iowa · 1895