Colt v. Learned
Massachusetts Supreme Judicial Court
Contract by the executors of William Pollock against Edward Learned and Theodore Pomeroy. The declaration wits as follows: “ And the plaintiffs say that said Wm.
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Contract by the executors of William Pollock against Edward Learned and Theodore Pomeroy. The declaration wits as follows: “ And the plaintiffs say that said Wm. Pollock loaned to the Ni-Wot Mining Co. upon the twenty-fifth day of July, A. D. eighteen hundred sixty-five, fifteen thousand dollars, and in consideration that said Pollock would make said loan, the defendants, together with said Pollock, at the time said loan was made, made and signed a written guaranty, a copy of which is hereto annexed, jointly and severally guaranteeing the payment of said loan, and the interest thereon. And…
1Opinion of the CourtGray, C. J.
The written contract between the parties cannot be construed as creating a joint liability, without making PoEock, jointly with the two defendants, of the one part, contract with himself individually, of the other part. The manifest intention and the legal effect of the contract are that each of the three signers should assume the liability of one third of the sum named, and that each of the defendants should guarantee to Pollock, upon his paying the whole sum, the repayment of one third thereof. Upon the facts stated in the declaration, therefore, there is no joint liability of the…
2Cases cited1 opinion
- Costigan v. LuntMassachusetts Supreme Judicial Court · 1870
3Cited by10 opinions
- Commonwealth v. FosterMassachusetts Supreme Judicial Court · 1877
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