Colemard & Kleffler v. Lamb
New York Supreme Court
Error from the superior court of the city of New-York. Lamb was sued on a guaranty given by him in these words: “ Messrs. Colemard & Kleffler—I do hereby guarantee that George C. Lamb shall duly account with you for all merchandize and proceeds of merchandize which you may place in his hands for sale during three months from the date hereof, and that he shall so account on demand.
Read the full summary
Error from the superior court of the city of New-York. Lamb was sued on a guaranty given by him in these words: “ Messrs. Colemard & Kleffler—I do hereby guarantee that George C. Lamb shall duly account with you for all merchandize and proceeds of merchandize which you may place in his hands for sale during three months from the date hereof, and that he shall so account on demand. I do .not, however, guarantee the payment of any notes of other securities which may be taken by George C. Lamb in payment for said'1 merchandize, or which may be paid over or transferred by him to you. New-York,…
1Opinion of the Court
By the Court,
Bronson, J.
Mercantile guaranties are not often drawn up by men of the legal profession, and they are so various in point of form, that almost every instrument of the kind calls for a separate interpretation. But little light can be derived from adjudged teases, and the courts have sometimes found it necessary to inquire into the course of trade, or the usage in a particular kind of business, for the purpose of ascertaining the extent of liability for which the parties intended to contract. Although the undertaking of the defendant is not the most difficult of interpretation,…
2Cases cited3 opinions
- Wright v. JohnsonNew York Supreme Court · 1832
- Sailly v. ElmoreNew York Court of Chancery · 1831
- Huffman v. HulbertNew York Supreme Court · 1835
3Cited by6 opinions
- Yates v. Fassett & WhitlockNew York Supreme Court · 1847
- Walden National Bank v. BirchNew York Court of Appeals · 1891
- Lowman v. . YatesNew York Court of Appeals · 1868
- Ellis v. McCormickNew York Court of Common Pleas · 1857
- Yale v. DartNew York Court of Common Pleas · 1891
1 more not listed; retrieve them via the Exa API.