Powers & Weightman v. Bumcratz
Ohio Supreme Court
Error to the district court of Perry county. The original action was brought by Powers & Weightman in the court of common pleas of Perry county, against Otto H. Moeller and John N. Bumcratz.
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Error to the district court of Perry county. The original action was brought by Powers & Weightman in the court of common pleas of Perry county, against Otto H. Moeller and John N. Bumcratz. The petition of the plaintiffs stated “ that the defendant, Otto H. Moeller, of Somerset, in said Perry county, was desirous of purchasing goods of them, the said plaintiffs, of the city of Philadelphia, in the state of Pennsylvania, on a credit; and that the said defendant, John N. Bumcratz, in consideration of the premises, and of divers other good and valuable considerations by his writing obligatory…
1Opinion of the CourtGhorson, J.
The point which has been made to sustain the demurrer to the petition, on the ground that it does not state facts sufficient to constitute a cause of action, is, that there is no statement of the acceptance of the guaranty, of notice of its acceptance, or of the credit which was given. The question, as to the necessity of such statements, to entitle *276the plaintiffs to recover, on the guaranty, has been ably and elaborately argued by counsel.
In the case of Douglass v. Reynolds, 7 Peters, 113-129, a letter was addressed by the defendants to the plaintiffs, in the following words: “ Gentlemen —…
2Cases cited21 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Douglass v. HowlandNew York Supreme Court · 1840
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Adams, Cunningham & Co. v. JonesSupreme Court of the United States · 1838
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
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