Bascom v. Smith
Massachusetts Supreme Judicial Court
Contract on a guaranty. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. In 1890 certain persons undertook the reorganization and capitalization of the Economo Duplex Stove Company, a corporation formed for the purpose of manufacturing stoves and ranges, with a view to manufacturing a more satisfactory range than the company had theretofore produced.
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Contract on a guaranty. Trial in the Superior Court, before Dunbar, J., who allowed a bill of exceptions, in substance as follows. In 1890 certain persons undertook the reorganization and capitalization of the Economo Duplex Stove Company, a corporation formed for the purpose of manufacturing stoves and ranges, with a view to manufacturing a more satisfactory range than the company had theretofore produced. In pursuance of this plan the treasurer of the company, A. J. Webb, on August 8, 1890, wrote to the plaintiff, who was a manufacturer of stove patterns in Troy, New York, enclosing…
1Opinion of the CourtField, C. J.
The court undertook to construe the contract declared on with reference to all the circumstances which the evidence tended to establish as existing when it was made, and merely left it to the jury to determine whether the circumstances assumed had been established by the evidence. This is not leaving the whole construction of a written contract to-the jury,- and the jury, by their verdict, have found that the circumstances were as they were assumed to be, and have construed the contract in the same manner as the court.
The principle of construing a writing most strongly against the party who…
2Cases cited1 opinion
- Bishop v. EatonMassachusetts Supreme Judicial Court · 1894
3Cited by21 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Adamaitis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
- Ingalls v. Hastings & Sons Publishing Co.Massachusetts Supreme Judicial Court · 1939
- American Surety Co. v. WhiteheadTexas Commission of Appeals · 1932
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