Melendy v. Capen

120 Mass. 222, 1876 Mass. LEXIS 160
Massachusetts Supreme Judicial Court·Decided April 6, 1876·Published·Cited by 4 cases

Opinion

By the Court.

The contract sued on clearly appears upon its face to have been intended to be a continuing guaranty. Bent v. Hartshorn, 1 Met. 24. Hatch v. Hobbs, 12 Gray, 447. Boston & Sandwich Glass Co. v. Moore, 119 Mass. 435. The question of fact of extinguishment or discharge has been decided by the court below in favor of the plaintiffs.

Exceptions overruled.

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Melendy v. Capen, 120 Mass. 222, 1876 Mass. LEXIS 160 (Mass. 1876).

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