Dorland v. Mulhollan
Dorland v. Mulhollan
Opinion of the Court
It is objected to the charge of the court below, in. regard to the letter, that the court held that it created a liability on the part of Garret Dorland, the writer of it, to Budolph Mulhollan, when the letter was only addressed to John H. Dorland. It is-urged by counsel, that the letter must be regarded as a special lettei*' of credit addressed only to John H. Dorland, and that it could create no undertaking or liability to any other person. Others attempting to acquire any rights under the letter, it is said, would be mere volunteers, and could not impose any liability upon the writer of the letter, to pay them for any advances made to the party to whom the special letter of credit was so addressed.
*If, indeed, the letter were a special letter of credit, addressed only to John H. Dorland, the argument would be pertinent to the case, but it is difficult to perceive how the letter can .properly be termed such. It is true, the letter is said to be addressed to-John H. Dorland and family; and the clause material in this ease is apparently addressed to. John H. Dorland. But that clause is-not, in its terms, a letter of credit to him. At most, it can only be regarded to him as an authority. This is the language: “Now, John, if you can get that draft of Hugh Mulhollan till the first day of September, I will be responsible for the money; and Fry will come that way and pay them in gold. If they let you have it, they may depend on it for sure.” It is not said therein, “I will be responsible to you, John;” or, “I will pay you, John, the money;" but the language is: “If you can get the draft of Hugh Mulhollantill the first day of .September, I will be responsible for the money.” And if there were any ambiguity as to the party to whom the
Nor do we think the fact of Hugh Mulhollan being named in the letter, in the place of Budolph, constitutes any objection to a re•■covery. The language is, “ if you can get that draft of Hugh Mulhollan;” but in relation to paying for the same, it continues, “I will be responsible for the money, and Fry will come that way and pay them in gold.. If they let you have it, they may depend on it for sure.” A reasonable construction of this language, we think, would be an authority to purchase of either or both; and the undertaking is to pay accordingly to the owner, whether both or either.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.