Legal Opinion

Stauffer v. Koch

Massachusetts Supreme Judicial Court

Decided January 6, 1917PublishedCited by 11 opinions

Contract by the assignee, under an assignment in mating dated December 9, 1912, from the Fidelity Electric Company, Incorporated, against Henry A. Koch and Daniel Koch, as copartners doing business under the name of Koch Brothers, on a guaranty in writing by which the defendants were alleged to have guaranteed jointly the payment by one Eyges, sometimes doing business under the name Eyges and Company, of the price of two electric motors bought by Eyges from the plaintiff.

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Contract by the assignee, under an assignment in mating dated December 9, 1912, from the Fidelity Electric Company, Incorporated, against Henry A. Koch and Daniel Koch, as copartners doing business under the name of Koch Brothers, on a guaranty in writing by which the defendants were alleged to have guaranteed jointly the payment by one Eyges, sometimes doing business under the name Eyges and Company, of the price of two electric motors bought by Eyges from the plaintiff. Writ in the Municipal Court of the City of Boston dated December 14, 1912. The alleged guaranty, a copy of which was…

1Opinion of the CourtCarroll, J.

This is an action to recover the price of two motors ordered by one Eyges. February 1, 1912, Koch Brothers, of which the defendant Henry A. Koch was a member, wrote the Fidelity Electric Company Inc. of Lancaster, Pennsylvania, hereinafter called the seller, guaranteeing Eyges’ account amounting to $132.50. February 17, 1912, Koch Brothers wrote the seller, requesting it to ship to Charles Eyges Company one dynamo, by Adams Express. April 25, 1912, they again wrote requesting the seller to fill Eyges’ order for one motor, and guaranteeing the same. In replying to this letter the seller asked…

2Cases cited10 opinions

  1. Bishop v. EatonMassachusetts Supreme Judicial Court · 1894
  2. Bond v. MullinsCourt of Appeals of Kentucky · 1860
  3. Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
  4. White v. Elgin Creamery Co.Supreme Court of Iowa · 1899
  5. Hamilton v. McLaughlinMassachusetts Supreme Judicial Court · 1887

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Commonwealth v. CarsonMassachusetts Supreme Judicial Court · 1965
  2. Lamson v. CoulsonMassachusetts Supreme Judicial Court · 1920
  3. Mayo v. BloombergMassachusetts Supreme Judicial Court · 1935
  4. Lane Bros. v. SheinwaldMassachusetts Supreme Judicial Court · 1931
  5. Standard Plumbing Supply Co. v. LaConteMassachusetts Supreme Judicial Court · 1931

6 more not listed; retrieve them via the Exa API.

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