Eaton v. Mayo
This text of 118 Mass. 141 (Eaton v. Mayo) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
No rules of interpretation applied to the writing de dared on will make the defendant liable as guarantor. The letter contains no words which can be construed into a promise by the [143]*143defendant to be responsible in any contingency for the debt of his brother. There is no ambiguity of meaning, and therefore no occasion to resort to the surrounding circumstances or the relations of the parties to ascertain the intent. At most, the writing is but an expression of confidence on the part of the defendant that his brother would himself pay for the goods he was about to purchase. Clarke v. Russel, 3 Dall. 415; S. C. nom. Russell v. Clark, 7 Cranch, 69. Judgment for defendant.
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Cite This Page — Counsel Stack
118 Mass. 141, 1875 Mass. LEXIS 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaton-v-mayo-mass-1875.