Pierce, Clark & Co. v. Knight
Supreme Court of Vermont
Assumpsit upon a guaranty executed to the plaintiffs by. the defendants, in the following words : “ Springfield, Vt. October 25, 1852. Messrs. Pierce, Clark & Co., Gents: I will become reponsible to you for eight hundred dollars on account of Leveret M. Snell. - Very Respectfully Yours, E. A. Knight.” The defendant pleaded the general issue, and the cause was tried by the court, at the May Term, 1858, — Redfield, Ch. J., presiding.
Read the full summary
Assumpsit upon a guaranty executed to the plaintiffs by. the defendants, in the following words : “ Springfield, Vt. October 25, 1852. Messrs. Pierce, Clark & Co., Gents: I will become reponsible to you for eight hundred dollars on account of Leveret M. Snell. - Very Respectfully Yours, E. A. Knight.” The defendant pleaded the general issue, and the cause was tried by the court, at the May Term, 1858, — Redfield, Ch. J., presiding. On trial it was conceded that the foregoing guaranty was executed by the defendant and accepted at its date by the plaintiffs, and that they, in reliance upon it,…
1Opinion of the CourtPoland, J.
The defendant’s guaranty, upon which this action is brought, is not claimed to be of the character called a continuing guaranty, so as to bind the defendant for the payment of any general balance that might be due the plaintiffs from Snell.
It is not declared upon as a continuing guaranty, and was not so treated in the county court,
The defendant then by his guaranty became responsible to the plaintiffs for the first eight hundred dollars worth of goods they sold to Snell, after the date of the guaranty.
It having been conceded in the county court that the defendant executed the guaranty, that…
2Cases cited4 opinions
- Ayer v. HawkinsSupreme Court of Vermont · 1846
- Robinson v. DoolittleSupreme Court of Vermont · 1840
- Emery v. TichoutSupreme Court of Vermont · 1841
- Shedd v. WilsonSupreme Court of Vermont · 1854
3Cited by16 opinions
- State v. HillNebraska Supreme Court · 1896
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Moore v. OhlIndiana Court of Appeals · 1917
- Westinghouse Electric Supply Co. v. B. L. Allen, Inc.Supreme Court of Vermont · 1980
- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
11 more not listed; retrieve them via the Exa API.