Wilde v. Armsby
Massachusetts Supreme Judicial Court
This was an action of assumpsit, tried in this court, before Dewey. X, upon an instrument, set forth in the declaration, of the following tenor : — “ April 19,1845. Mr. Samuel Wilde: Sir, I hereby recommend and guarantee the payments of George Winchester [& Co.] to an amount of five hundred dollars’ worth of your goods, and will hold myself responsible to you for that amount, so long as he may wish to continue trade with you. Lemuel M. Armsby.”
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This was an action of assumpsit, tried in this court, before Dewey. X, upon an instrument, set forth in the declaration, of the following tenor : — “ April 19,1845. Mr. Samuel Wilde: Sir, I hereby recommend and guarantee the payments of George Winchester [& Co.] to an amount of five hundred dollars’ worth of your goods, and will hold myself responsible to you for that amount, so long as he may wish to continue trade with you. Lemuel M. Armsby.” The defendant admitted the signature to the instrument to be his, but denied that he ever signed such an instrument as this purports to be, alleging,…
1Opinion of the CourtMetcalf, J.
This is an action on a written guaranty in which there is an interlineation that alters its legal effect and avoids the instrument, if it was made after execution by the defendant and without his consent. The question at the trial was, whether the burden of proof was on the plaintiff to show that the interlineation was made before the instrument was executed, or on the defendant to show that it was made after-wards. The jury were instructed, that the burden of proof was on the plaintiff, and the case comes before us on exceptions to that instruction.
This question was raised, and its…
2Cases cited5 opinions
- Jackson v. OsbornNew York Supreme Court · 1829
- Morris's Lessee v. VanderenSupreme Court of the United States · 1782
- Bailey v. TaylorSupreme Court of Connecticut · 1836
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
- Jackson ex dem. Collier v. JacobyNew York Supreme Court · 1828
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