Welch v. Walsh
Massachusetts Supreme Judicial Court
Contract against the guarantor of a lease dated January 2, 1893, for a term of ten years to one John Judge of a store in Boston at a rental of $750 per annum payable $62.50 monthly.
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Contract against the guarantor of a lease dated January 2, 1893, for a term of ten years to one John Judge of a store in Boston at a rental of $750 per annum payable $62.50 monthly. Writ dated February 7,1898. At the trial in the Superior Court, before Maynard, J., it appeared that the guaranty upon the lease, signed under seal by the defendant, was as follows: “ In consideration of the execution of the within written lease, and of one dollar to me paid, the receipt whereof is hereby acknowledged, do hereby guarantee to the said lessors, their heirs and assigns, the true and punctual payment…
1Opinion of the CourtLoring, J.
The evidence, which was excluded, would have warranted a finding that the plaintiffs conducted themselves in the matter of collecting the rent now sued for without that care, which a man of ordinary prudence would have devoted to it, and that the defendant has suffered from not knowing that the rent was not paid by the tenant for twenty-three months before the plaintiffs made a demand upon him for it; but it would not have warranted a finding of fraud, or facts tantamount to fraud.
*557The defendant contends, that those facts would have made out a defence to the action, and relies upon a statement…
2Cases cited8 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Bishop v. EatonMassachusetts Supreme Judicial Court · 1894
- Reynolds v. DouglassSupreme Court of the United States · 1838
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Joe Heaston Tractor & Implement Company, a New Mexico Corporation v. Securities Acceptance Corporation, a Delaware CorporationCourt of Appeals for the Tenth Circuit · 1957
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
- The Merchants National Bank v. StoneMassachusetts Supreme Judicial Court · 1936
- Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
32 more not listed; retrieve them via the Exa API.