Warring v. Williams
Massachusetts Supreme Judicial Court
This case was an action on the instrument mentioned in the preceding case. The facts were the same, with the following additional circumstances in relation to this defendant. The defendant was not present when the instrument was executed and delivered by the other parties, nor during any part of the transactions relating to it., nor had he ever given any express authority or assent to have a seal annexed to his name.
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This case was an action on the instrument mentioned in the preceding case. The facts were the same, with the following additional circumstances in relation to this defendant. The defendant was not present when the instrument was executed and delivered by the other parties, nor during any part of the transactions relating to it., nor had he ever given any express authority or assent to have a seal annexed to his name. He put his name on the paper in blank, leaving it with his brothers to be filled up so as to constitute an indemnity to Warring, but without any agreement or direction as to the…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. This case differs materially from the two preceding. The defendant was not present at the time of the delivery, nor during the transactions between the other parties to the instrument. And it is found, that he gave no express authority, nor any subsequent assent to the instrument in its present form as a deed. He had in the morning signed the paper in blank, on which the instrument was written, and had given it to his brothers, with the intention to be bound with them to indemnify. Any simple contract which might have been written over his name,…
2Cases cited7 opinions
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Blood v. GoodrichNew York Supreme Court · 1832
- Hanford v. McNairNew York Supreme Court · 1832
- United States v. NelsonU.S. Circuit Court for the District of Virginia · 1822
- Blood v. GoodrichNew York Supreme Court · 1834
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