Bishop v. Eaton
Massachusetts Supreme Judicial Court
Contract, on a guaranty. Writ dated February 2, 1892. Trial in the Superior Court without a jury, before Braley, J., who found the following facts. The plaintiff in 1886 was a resident of Sycamore in the State of Illinois, and was to some extent connected in business with Harry H. Eaton, a brother of the defendant.
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Contract, on a guaranty. Writ dated February 2, 1892. Trial in the Superior Court without a jury, before Braley, J., who found the following facts. The plaintiff in 1886 was a resident of Sycamore in the State of Illinois, and was to some extent connected in business with Harry H. Eaton, a brother of the defendant. In Decernber, 1886, the defendant in a letter to the plaintiff said, “ If Harry needs more money, let him have it, or assist him to get it, and I will see that it is paid.” On January 7, 1887, Harry Eaton gave his promissory note for two hundred dollars to one Stark, payable in one…
1Opinion of the CourtKnowlton, J.
The first question in this case is whether the contract proved by the plaintiff is an original and independent *499contract or a guaranty. The judge found that the plaintiff signed the note relying upon the letter, “ and looked to the defendant solely for reimbursement if called upon to pay the note.” The promise contained in the letter was in these words: “ If Harry needs more money, let him have it, or assist him to get it, and I will see that it is paid.” On a reasonable interpretation of this promise, the plaintiff was authorized to adopt the first alternative, and to let Harry have the money…
2Cited by48 opinions
- Loranger Construction Corp. v. E. F. Hauserman Co.Massachusetts Supreme Judicial Court · 1978
- Johnson-Foster Co. v. D'Amore Construction Co.Massachusetts Supreme Judicial Court · 1943
- Welch v. WalshMassachusetts Supreme Judicial Court · 1901
- Kuzmeskus v. Pickup Motor Co. Inc.Massachusetts Supreme Judicial Court · 1953
- Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
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