Baker v. Rand
New York Supreme Court
This was a motion to set aside a verdict in favor of the plaintiffs, rendered at the Rensselaer circuit in December, 1849; held by the Hon. I. Harris, one of the justices of this court. The declaration contained counts for goods sold and delivered to one Addison Buck, to he sold in the store of the defendants, on an agreement that he might take money of the defendants, and pay therefor.
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This was a motion to set aside a verdict in favor of the plaintiffs, rendered at the Rensselaer circuit in December, 1849; held by the Hon. I. Harris, one of the justices of this court. The declaration contained counts for goods sold and delivered to one Addison Buck, to he sold in the store of the defendants, on an agreement that he might take money of the defendants, and pay therefor. And that the plaintiffs sold and delivered goods to Buck, who sold them at the store of the defendants, hut that the defendants had not paid for the goods or allowed Buck to take money to do so. A similar…
1Opinion of the Court
By the Court, Hand, J.
If the letter addressed to the plaintiffs by the defendants, and upon which the former rely to sustain the first four' counts of the declaration, was intended as a guaranty, (and one count is upon it as such,) it was not a continuing guaranty. A claim against a guarantor is strictissimi juris; and the intention should be clear and manifest. (Dobbin v. Bradley, 17 Wend. 425. Mauran v. Bullers, 16 Peters, 537. Russell v. Clarks Ex'rs, 7 Crunch, 69. 3 Kent, 124.) In this case the plaintiffs furnished ten different bills of goods, at different times. In several eases in…
2Cases cited21 opinions
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- Bouchaud v. DiasNew York Supreme Court · 1846
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
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