Lee v. Butler
Massachusetts Supreme Judicial Court
Appeal, under Pub. Sts. c. 137, § 11, from the decision of commissioners appointed by the Probate Court to examine claims against the insolvent estate of John Swann, deceased. Hearing in this court, before Enowlton, J., who reserved the case for the consideration of the full court; such j udgment to be entered as law and justice might require. The facts appear in the opinion.
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Appeal, under Pub. Sts. c. 137, § 11, from the decision of commissioners appointed by the Probate Court to examine claims against the insolvent estate of John Swann, deceased. Hearing in this court, before Enowlton, J., who reserved the case for the consideration of the full court; such j udgment to be entered as law and justice might require. The facts appear in the opinion. The case was argued at the bar in October, 1896, and after-wards was submitted on briefs to all the judges.
1Opinion of the CourtKnowlton, J.
The claim is founded on a contract of guaranty, the principal memorandum of which is in these words:
“ 5 Fredericks Place, Old Jewry, E. C.
London, 1-8 March,'1873.
6,000
“ Dear Lee, — If your principal, 8^)00, & interest at 10 per cent is not paid as stipulated, I hereby make myself responsible for its payment.
“ Yours sincerely, •
“ W. B. Lee, Esqre. John Swann.”
This paper was enclosed in a letter as follows :
“ 5 Fredericks Place, Old Jewry, E. C.
London, 18 March, 1873.
“ Dear Lee, — The security offered for the temporary loan to the Phoenix Company consists of the bonds of the company to the…
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