Hunt v. Smith
New York Supreme Court
This was an action of assumpsit, tried at the Oneida circuit in April, 1834, before the Hon. Essex Cowe.v, then one of the circuit judges. This suit was on a guaranty signed by the defendant and addressed to the plaintiff in these words: “ You may let the bearer, Mr. Horace Putnam, have, in such articles as he may want out of your store, to the amount of seventy dollars, if he wishes to get that amount, and 1 will be accountable to you for that sum.
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This was an action of assumpsit, tried at the Oneida circuit in April, 1834, before the Hon. Essex Cowe.v, then one of the circuit judges. This suit was on a guaranty signed by the defendant and addressed to the plaintiff in these words: “ You may let the bearer, Mr. Horace Putnam, have, in such articles as he may want out of your store, to the amount of seventy dollars, if he wishes to get that amount, and 1 will be accountable to you for that sum. Have the goodness to send the amount of his bill by him to me. July 2, 1833.” On the day succeeding the date of the guaranty, Putnam obtained…
1Opinion of the Court
By the Court,
Cowen, J.
It appears to me that here was in the outset a fatal departure from the terms of the guaranty. The defendant undertakes to be accountable for goods to §70, and directs a bills to [180] be sent. The delivery is of goods to $102-81, on a note of the vendee at thirty days. I can not understand the engagement otherwise than as an undertaking to pay presently, or at least as reserving the right to pay presently the bill of $70. That would give a remedy over against the principal instantly, either for money paid, or, if any better, a right to insist on a direct and immediate…
2Cases cited2 opinions
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