Legal Opinion

Justus Gale's Administratrix v. Van Arman & Hopkins

Ohio Supreme Court

Decided December 15, 1849PublishedCited by 14 opinions

This is a writ of error to the Supreme Court for the county of Summit. The' original action was assumpsit, brought before a justice of the peace on the following contract: “ Akron, 0., Feb. 14,1846. “ Due J. Gale, or bearer, three cases of brass clocks, to be delivered on the opening of navigation, for value received: each case to contain six clocks, 0. G.- — be in good order when ship-, ped — throughout furnished, etc. “D. N. YAN ARMAN.”

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This is a writ of error to the Supreme Court for the county of Summit. The' original action was assumpsit, brought before a justice of the peace on the following contract: “ Akron, 0., Feb. 14,1846. “ Due J. Gale, or bearer, three cases of brass clocks, to be delivered on the opening of navigation, for value received: each case to contain six clocks, 0. G.- — be in good order when ship-, ped — throughout furnished, etc. “D. N. YAN ARMAN.” On the back of the instrument is the following indorsement r “ I guarantee the fulfillment of the within contract. “ Akron, Eeb. 14, 1846. A. HOPKINS.”…

1Opinion of the CourtSpalding, J.

The only question presented for our consid eration is, whether the suit was properly brought against Yan-Arman and Hopkins as joint contractors.

A majority of the court regard the question as settled by repeated adjudications in our own state.

In Bright v. Carpenter & Schuer, 9 Ohio Rep. 139, it was-held that “ when a stranger to a promissory note indorses it in blank at the time of making it, the payee of the note may sue him with the maker as a joint maker of the note ; but if a person not a party give his name to a note already existing, his-engagement is collateral only, and he is to be…

2Cases cited1 opinion

  1. Bright v. CarpenterOhio Supreme Court · 1839

3Cited by14 opinions

  1. Maxwell Operating Co. v. HarperTennessee Supreme Court · 1917
  2. State ex rel. Little v. DonnellyMissouri Court of Appeals · 1881
  3. Rarrick v. BrowneOhio Supreme Court · 1949
  4. Corrigan v. San Marcos Hotel Co.Court of Appeals for the Ninth Circuit · 1950
  5. Baird v. Burton Telephone Co.Geauga Circuit Court · 1907

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