Dobbins v. Bradley

Decided March 15, 1833

Assumpsit, on the defendant’s letter ’of guaranty dated in Washington, D. C., June 27th, 1827, in these words : “ I hereby engage to guarantee the payment of his (Mr. Andrew Smilh’s) paper payable at the Branch Bank here, not exceeding $5,000, at such dates as he may find expedient.” On the 1st of October, 1828, Mr. Coxe, the plaintiff’s counsel, wrote a letter to Mr. Bradley, informing him that the note of Mr. Smith, dated April 3d, 1828, at six months, for $3,344.57, would…

Decided 1833-03-15

The Court(Thruston, J., not sitting in this cause, being connected with the defendant,)

¶1stopped the counsel of the defendant, in reply, and

¶2Cranch, C. J., said the case seemed very clear to the Court on both points.

¶31. The note is not a paper made payable at the Branch Bank at Washington, and, therefore, not within the terms of the guaranty.

¶42. That the guaranty is neither absolute nor definite, and, therefore, notice ought to have been given in a reasonable time’afier the credit was given.

¶5The plaintiffs had leave to amend their declaration, but after-wards dismissed their suit.

¶6•.■-