Duval v. Trask
Massachusetts Supreme Judicial Court
This was an action of assumpsit, to recover the sum of $ 1659.38 for certain goods sold and delivered by the plaintiffs to one Augustus Trask, at the request of the defendants, and upon his promise to be responsible to them for the payment therefor.
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This was an action of assumpsit, to recover the sum of $ 1659.38 for certain goods sold and delivered by the plaintiffs to one Augustus Trask, at the request of the defendants, and upon his promise to be responsible to them for the payment therefor. On the trial, before Jackson, J., upon the general issue, at the last November term in this county, it appeared, that, in the year 1809, the plaintiffs were merchants residing in Philadelphia; and the de fendant resided at Natchez in the Mississippi territory. The said Augustus, who is the defendant’s brother, was then about establishing himself…
1Per curiam
The objections urged against the verdict, although ingeniously and learnedly supported, are not substantial. The promise, contained in the defendant’s letter to Price, is a promise to any one who should give credit to Augustus Trask upon the faith of that letter ; which was in truth a letter of credit to all the world. Nor do we consider it in the light of a conditional undertaking ; so as to require a demand of, or diligence in the pursuit of, the original contractor. It was of itself an original undertaking, collateral to the promise of the vendee, as security ; but not liable to any…
2Cases cited1 opinion
- Lawrason v. MasonSupreme Court of the United States · 1806
3Cited by6 opinions
- Israel v. IsraelCourt of Appeals of Maryland · 1869
- Humphries v. DavisIndiana Supreme Court · 1885
- Reynolds v. WilmethSupreme Court of Iowa · 1877
- Hayden v. MerrillSupreme Court of Vermont · 1872
- Final Settlement of Tyler v. CartwrightMissouri Court of Appeals · 1890
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