Rindge v. . Judson
New York Court of Appeals
Appeal from an order of the Supreme Court at general term in the third district,- reversing a judgment in favor of the plaintiff, entered upon the report of a referee. The action was brought upon the following guaranty: “ Mr. Rindge, Sir: I will be accountable to you that Mr. Butler will pay you for a credit on glass, paints, &c., which he may require in his business, to the extent of fifty dollars.
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Appeal from an order of the Supreme Court at general term in the third district,- reversing a judgment in favor of the plaintiff, entered upon the report of a referee. The action was brought upon the following guaranty: “ Mr. Rindge, Sir: I will be accountable to you that Mr. Butler will pay you for a credit on glass, paints, &c., which he may require in his business, to the extent of fifty dollars. “Dated, Nov. 29th, 1858. “D. C. JUDSON.” ■ The referee found “that the plaintiff was, at the time, a dealer in glass, paints, &c., at Ogdensburgh, New York; and J. W. Butler, the individual named…
1Opinion of the CourtJames, J.
The principal question for adjudication is whether the instrument sued on is or is not a continuing guaranty. As was said by Justice Dehio in Gates v. McKee (3 Kern., 232), “ if this were the first time that an instrument of this character had come before the courts, and we were called upon to construe it without reference to adjudged cases, we would find no difficulty in holding that the limit of fifty dollars had reference to the amount of the defendant’s liability rather than the amount of dealing between Butler and Rindge.”
Had the guarantor desired or intended to limit his responsibility…
2Cases cited7 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
- Lawrence v. McCalmontSupreme Court of the United States · 1844
- Bell v. BruenSupreme Court of the United States · 1843
- Dobbin v. BradleyNew York Supreme Court · 1837
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3Cited by35 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- City Nat'l Bank of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1881
- Locke v. McVeanMichigan Supreme Court · 1876
- Tootle v. ElgutterNebraska Supreme Court · 1883
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