Callender, McAuslan & Troup Co. v. Flint
Massachusetts Supreme Judicial Court
Contract on a guaranty in writing, by which it was alleged that the defendant agreed to guarantee the payment on demand after sixty days of all sums of money due to the plaintiff from one Joseph Sherin for goods purchased of the plaintiff up to the amount of $300. Writ dated August 20, 1903. The answer, among other things, alleged that the defendant’s guarantee of the account of Joseph Sherin with the plaintiff was for sixty days only from the date of the purchasing of his…
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Contract on a guaranty in writing, by which it was alleged that the defendant agreed to guarantee the payment on demand after sixty days of all sums of money due to the plaintiff from one Joseph Sherin for goods purchased of the plaintiff up to the amount of $300. Writ dated August 20, 1903. The answer, among other things, alleged that the defendant’s guarantee of the account of Joseph Sherin with the plaintiff was for sixty days only from the date of the purchasing of his first bill of goods sold by reason of the defendant’s guarantee and after the date thereof and that the plaintiff was…
1Opinion of the CourtBraley, J.
As the contract of guaranty did not become effectual until accepted by the plaintiff, whose place of business was in another jurisdiction, its argument, that the construction of the agreement depends on the law of the place of acceptance may be conceded. Nashua Savings Bank v. Sayles, 184 Mass. 520, 522.
But judicial notice cannot be taken of the laws of another State, which must be proved, and determined like other facts, and no evidence of their provisions can be received for the first time at the argument of a case in this court. And as the agreed statement of facts contains no reference to…
2Cases cited6 opinions
- Hazen v. MathewsMassachusetts Supreme Judicial Court · 1903
- Sullivan v. ArcandMassachusetts Supreme Judicial Court · 1896
- Boston & Sandwich Glass Co. v. MooreMassachusetts Supreme Judicial Court · 1876
- Sherman v. MulloyMassachusetts Supreme Judicial Court · 1899
- Nashua Savings Bank v. SaylesMassachusetts Supreme Judicial Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Woodard v. WoodardMassachusetts Supreme Judicial Court · 1913
- Strong v. Carver Cotton Gin Co.Massachusetts Supreme Judicial Court · 1907
22 more not listed; retrieve them via the Exa API.