BISHOP V. EATON 161 Mass. 496, 37 N.E. 665 (1894) CASE BRIEF

BISHOP V. EATON

161 Mass. 496, 37 N.E. 665 (1894)

NATURE OF THE CASE: This was a suit on a guaranty of debt. Eaton (D), guarantor, appealed a judgment in favor of Biship (P), endorser, in P's action to recover on a guaranty contract.

FACTS: Eaton (D) wrote a letter to Bishop (P), that if D's brother Harry needed more money that P should let him have it, and D will see that it is paid. A 200-dollar loan was arranged with Stark for Harry and D was informed that P was acting as a surety. D claimed he never received that letter. The note was in default and D assured P again that he would pay it if his brother did not and that it would cost P nothing. P paid over the money to Stark and D refused to pay P for his expenditures on the note and P sued. The trial court awarded the judgment to P. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner