Beebe v. Dudley
Superior Court of New Hampshire
Assumpsit, to recover the amount of sundry bills of merchandize, délivered to one Charles P. Dudley. Plea, the general issue. The case was committed to an auditor, who made report in substance as follows: That the defendant, on the 14th of October, 1847, executed an agreement, in writing, which was delivered to the plaintiff's, who were merchants in Boston, by Charles P. Dudley.
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Assumpsit, to recover the amount of sundry bills of merchandize, délivered to one Charles P. Dudley. Plea, the general issue. The case was committed to an auditor, who made report in substance as follows: That the defendant, on the 14th of October, 1847, executed an agreement, in writing, which was delivered to the plaintiff's, who were merchants in Boston, by Charles P. Dudley. The agreement was as follows : “ For value received, I, Moses Dudley, of Chesterfield, New Hampshire, guarantee to pay James M. Beebe & Co., of Boston, for two thousand dollars worth of goods, delivered to Charles P.…
1Opinion of the CourtEastman, J.
There is some confusion in the books as to the precise nature and extent of a contract entered into by a guarantor. The same undertaking, embraced in almost the same terms, has, by some jurisdictions, been declared to be absolute, while in others it is held to be collateral merely. And this by tribunals of high standing. Butler v. Wright v 20 Johns. 367; Oxford Bank v. Haynes, 8 Pick. 423; Sage v. Wilcox, 6 Ct. Rep. 81; Curtis v. Brown, 2 Barb. Sup. Ct. Rep. 51.
The difficulty seems to be, not so much in deciding whát the law is, when once the extent of the contract entered into is defined, as…
2Cases cited3 opinions
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
- Butler v. WrightNew York Supreme Court · 1823
- Gibbs v. CannonSupreme Court of Pennsylvania · 1823
3Cited by1 opinion
- March v. PutneySupreme Court of New Hampshire · 1875