Palma v. Notarianni, 7023.
| Decision Date | 11 December 1931 |
| Docket Number | No. 7023.,7023. |
| Citation | 157 A. 422 |
| Parties | PALMA v. NOTARIANNI et al. |
| Court | Rhode Island Supreme Court |
Exceptions from Superior Court, Providence and Bristol Counties; G. Frederick Frost, Judge.
Action by Maria Palma against Pasquale Notarianni and others. The plaintiff was nonsuited as to Antonio Saccoccio and another. On plaintiff's exceptions.
Exceptions overruled, and case remitted to superior court for entry of judgment on the nonsuit.
Ralph Rotondo and John Di Libero, both of Providence, for plaintiff.
Edward M. Sullivan, John J. Sullivan, and Albert A. Soriero, all of Providence, for defendant.
This is an action in assumpsit based on an instrument written in the Italian language. At the trial in the superior court the parties agreed that a correct translation of the instrument is as follows:
With consent of Pasquale and Maria Notarianni, the parties primarily liable, a verdict for $1,026 was directed against them, and the plaintiff was nonsuited as to Saccoccio and Francesco Notarianni, who were treated as guarantors, on the ground that the suit as to them was barred by the statute of limitations. The case is before us on the plaintiff's exception to a ruling nonsuiting the plaintiff as to the defendants who are termed "guarantors."
This action was commenced August 15, 1929; that is, six years and twenty-three days after the execution of the above instrument. The declaration consists of a count on a promissory note and a count for money had and received. The plaintiff admits that the instrument sued on is not a promissory note, and she does not contend that the parties termed "guarantors" received any portion of the money. At the time the above instrument was executed, the plaintiff loaned $300 to the persons primarily liable, who already owed her $600. Interest was paid for several years, and in the meantime no demand was made.
The money was not payable on demand; had the plaintiff desired payment immediately after the execution of the instruraent, she was, by...
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Bank of Am., N.A. v. Fay
...Id. at 631 (citing SKW Real Estate Ltd. P'ship v. Gold, 428 Mass. 520, 523, 702 N.E.2d 1178 (1998)); see also Palma v. Notarianni, 52 R.I. 61, 157 A. 422 (R.I. 1931) ("[A] contract of guaranty is an agreement separate and distinct from the main agreement."). The Winthrop Court concluded "th......
- New Bedford Morris Plan Co. v. Hicks, 6831.
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di Fonzo v. Notarianni, 7961.
...by writing their names under the word 'guarantors,' they guaranteed payment of the sum mentioned in the instrument." Palma v. Notarianni, 52 R.I. 61, 157 A. 422, 423. Thereafter on December 14, 1931, the plaintiff commenced this action against the defendants Saccoccio and Frank Notarianni, ......