Clark v. Burdett
The Superior Court of New York City
Assumpsit upon a guaranty. The declaration contained two special counts upon the instrument, besides the common counts, for goods sold, &c. Pleas, the general issue, and payment. It appeared at the trial, that one Mrs. Phillips applied to the plaintiffs in the month of April, 1828, to purchase a quantity of dry goods upon credit.
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Assumpsit upon a guaranty. The declaration contained two special counts upon the instrument, besides the common counts, for goods sold, &c. Pleas, the general issue, and payment. It appeared at the trial, that one Mrs. Phillips applied to the plaintiffs in the month of April, 1828, to purchase a quantity of dry goods upon credit. The plaintiffs being unwilling to furnish the goods without security, the applicant offered to procure the defendant’s guaranty for the payment of such purchases as she might wish to make. The piaintiffs, therefore, drew up a guaranty, and sent it by their clerk to…
1Opinion of the Court
Oakley J.
One Mrs. Phillips applied to the plaintiffs to purchase a quantity of goods. They declined delivering them without security. She offered the guaranty of the defendant, who signed and delivered to the plaintiffs the instrument, which is specially declared upon in this action.
The plaintiffs thereupon delivered to Mrs. P. a bill of goods amounting to $198.73, and at several subsequent periods, sold her other goods, in the whole to the amount of $379.60.
On the 20th of June, 1828, Mrs. P., wishing to give up her business, offered to return to the plaintiffs the goods she had on hand, so…
2Cases cited1 opinion
- Sturges v. RobbinsMassachusetts Supreme Judicial Court · 1811
3Cited by7 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Gates v. . McKeeNew York Court of Appeals · 1855
- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
- Farmers & Mechanics Bank v. KerchevalMichigan Supreme Court · 1853
- Skofield v. HaleySupreme Judicial Court of Maine · 1842
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