Clark v. International Harvester Co. of America
Clark v. International Harvester Co. of America
Opinion of the Court
Suit by appellee against appellant upon a guaranty of payment indorsed on the back of a certain bond or instrument under seal, executed by one O. S. Walton, payable to the plaintiff.
The defendant insisted that his signature to. the guaranty of payment was obtained through misrepresentation or fraud. This issue was fairly submitted to the jury under appropriate instructions from the court, and no questions arise as to this particular defense.
It is further insisted by defendant, however, that the engine for the purchase pi-ice of which the instrument here involved was executed was not purchased by him, but by the said Walton direct, and merely shipped with the defendant’s goods to save freight, and that his guaranty of payment was made some time after the execution of the notes by Walton, was without1 consideration, and void. The contract, however, the substance of which appears in the foregoing statement of the case, discloses that the defendant himself was the purchaser of this particular engine, and that under this contract he was authorized to take the note of the purchaser and guarantee the payment thereof to the plaintiff in part satisfaction for the purchase price.
The court below held that the written contract, the validity of which was in no manner attacked, or questioned, covered the respective rights of the parties, and that under the said contract the defendant was the purchaser of the engine. We can see no escape from this conclusion from the plain language of' the contract itself. The court further charged the jury that if they believed that these notes were executed for the purpose of carrying into effect the purchase of this engine according to the terms of the contract, and was signed by the defendant as a part of that transaction, and in accordance with the clause therein provided, whereby he could indorse ’the notes of some of the purchasers, and the plaintiff would receive them, then, the contract on the part of defendant in signing the guaranty would be based upon a sufficient consideration.
The judgment of the court below will be accordingly affirmed.
Affinrip.fi.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.