Bothfeld v. Gordon
Massachusetts Supreme Judicial Court
Contract on a guaranty in writing of the performance of the covenants of a lease of the land and buildings called Warner’s Block at the corner of Centre Street and Elmwood Street in Newton, for $450 due as rent for the months of August, September and October, 1902, and unpaid by the lessee.
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Contract on a guaranty in writing of the performance of the covenants of a lease of the land and buildings called Warner’s Block at the corner of Centre Street and Elmwood Street in Newton, for $450 due as rent for the months of August, September and October, 1902, and unpaid by the lessee. Writ in the Municipal Court of the City of Boston, dated May 29, 1903. The guaranty declared on was as follows: “I, Albert L. Gordon for a valuable consideration, hereby covenant and agree with the lessors named in the within lease and their legal representatives, that I will guarantee the prompt payment…
1Opinion of the CourtHammond, J.
The first ground of the defence is that by the agreements for judgment and stay of execution in the actions against the principal debtor time was given to him without the consent of this defendant. The actions were pending in the Newton Police Court, and inasmuch as the agreements were signed by an attorney in behalf of the defendant therein, it fairly may be assumed that the actions were being contested. It does not appear at what time the actions in the ordinary course of business in that court would have gone to judgment, but even if the defendant therein had been then defaulted he could…
2Cases cited4 opinions
- Kingsbury v. . WestfallNew York Court of Appeals · 1875
- Gipson v. OgdenIndiana Supreme Court · 1885
- Wingate v. WilsonIndiana Supreme Court · 1876
- Fletcher v. GambleSupreme Court of Alabama · 1842
3Cited by8 opinions
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- Green Leaves Restaurant, Inc. v. 617 H Street AssociatesDistrict of Columbia Court of Appeals · 2009
- Sagal v. MannSupreme Court of Connecticut · 1915
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