Gates v. McKee
New York Court of Appeals
The action was upon an instrument of which the following is a copy: ' “ Middleport, Feb. 6, 1844. “ Mr. Gates—Sir: I will be responsible for what stock M. E. McKee has had or may want hereafter to the amount of five hundred dollars. Chauncey McKee.” The cause was tried at the Orleans county circuit, before Justice Mullett, without a jury.
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The action was upon an instrument of which the following is a copy: ' “ Middleport, Feb. 6, 1844. “ Mr. Gates—Sir: I will be responsible for what stock M. E. McKee has had or may want hereafter to the amount of five hundred dollars. Chauncey McKee.” The cause was tried at the Orleans county circuit, before Justice Mullett, without a jury. The plaintiff read in evidence the instrument above set out, its execution by the defendant being admitted; and proved that at the tune it was executed and thence ensuing," the plaintiff was a tanuei and currier, and dealer in leather and stock for the…
1Opinion of the CourtDenio, J.
If this were the first time that an instrument of this character had been before a court, and we were now called upon to construe it without the light of adjudged cases, the first inquiry would naturally be whether the limit of $500 related to the amount of purchases to be made by M. E. McKee or to the defendant’s ultimate liability; and I think it clearly qualifies the responsibility of the defendant and not the amount of M: E. McKee’s future transaction with the plaintiff. It is as if he had said “ I will be responsible to the amount of $500 for what stock M. E. McKee has had or may want…
2Cases cited10 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
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Bell v. BruenSupreme Court of the United States · 1843
- Dobbin v. BradleyNew York Supreme Court · 1837
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