Davis Watertown v. Richards

• Decision Date: 07 December 1885
• Parties: DAVIS S. M. Co. of WATERTOWN, N. Y., v. RICHARDS and another, Ex'rs, etc., and another. Filed
• Court: U.S. Supreme Court

6 S.Ct. 173

115 U.S. 524

29 L.Ed. 480

DAVIS S. M. Co. of WATERTOWN, N. Y., v. RICHARDS and another, Ex'rs, etc., and another.

Filed December 7, 1885.

This was an action, brought in the supreme court of the District of Columbia upon a guaranty of the performance by one John W. Poler of a contract under seal, dated December 17, 1872, between him and the plaintiff corporation, by which it was agreed that all sales of sewing-machines which the corporation should make to him should be upon certain terms and conditions, the principal of which were that Poler should use all reasonable efforts to introduce, supply, and sell the machines of the corporation, at not less than its regular retail prices, throughout the District of Columbia, and the counties of Prince George and Montgomery in the state of Maryland, and should pay all indebtedness by account, note, indorsement, or otherwise, which should arise from him to the corporation under the contract, and should not engage in the sale of sewing-machines of any other manufacture; and that the corporation, during the continuance of the agency, should sell its machines to him at a certain discount, and receive payment therefor in a certain manner; and that either party might terminate the agency at pleasure. The guaranty was upon the same paper with the above contract, and was as follows:

'For value received, we hereby guarantee to the Davis Sewing-machine Company of Watertown, N. Y., the full performance of the foregoing contract on the part of John W. Poler, and the payment by said John W. Poler of all indebtedness, by account, note, indorsement of notes, (including renewals and extensions,) or otherwise, to the said Davis Sewing-machine Company, for property sold to said John W. Poler, under this contract, to the amount of three thousand ($3,000) dollars.

'Dated Washington, D. C., this seventeenth day of December, 1872.

'A. ROTHWELL.

'A. C. RICHARDS.'

Under the guaranty were these words: 'I consider the above sureties entirely responsible. Washington, December 19, 1872. J. T. STEVENS.'

At the trial the above papers, signed by the parties, were given in evidence by the plaintiff, and there was proof of the following facts: On December 17, 1872, at Washington, the contract was executed by Poler, and the guaranty was signed by the defendants, and the contract and guaranty, after being so signed, were delivered by the defendants to Poler, and by Poler to Stevens, the plaintiff's attorney, and by Stevens afterwards forwarded, with his recommendation of the sureties, to the plaintiff at Watertown, in the state of New York, and the contract there executed by the plaintiff. The plaintiff afterwards delivered goods to Poler under the contract, and he did not pay for them. The defendants had no notice of the plaintiff's execution of the contract or acceptance of the guaranty, and no notice or knowledge that the plaintiff had furnished any goods to Poler under the contract or upon...