Nathan Clifford

Name: Rey v. Simpson — Opinion of the Court
Author: Nathan Clifford

Summary

“Rey v. Simpson — Opinion of the Court”, is a work by Nathan Clifford. It explores elements such as endorsers, defendants and endorsement.

Quotes from Rey v. Simpson — Opinion of the Court (Nathan Clifford)

Nathan Clifford, Rey v. Simpson — Opinion of the Court

“ Whatever diversities of interpretation may be found in the authorities, where either a blank endorsement or a full endorsement is made by a third party on the back of a note, payable to the payee or order, or to the payee or bearer, as to whether he is to be deemed an absolute promissor or maker, or guarantor or endorser, there is one principle upon the subject almost universally admitted by them all, and that is, that the interpretation of the contract ought in every case to be such as will carry into effect the intention of the parties ”

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Source: Wikisource

Nathan Clifford, Rey v. Simpson — Opinion of the Court

“ Whenever a written contract is presented for construction, and its terms are ambiguous or indefinite, it is always allowable to weigh its language in connection with the surrounding circumstances and the subject matter, and we see no reason, as question of principle, why any different rule should be adopted in a case like the present. ”

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Source: Wikisource

Nathan Clifford, Rey v. Simpson — Opinion of the Court

“ Facts thus stated in the declaration, pursuant to the directions of the law of the Territory, and which were material to the understanding of the rights of the parties to the controversy, could not properly be suppressed by the court. Irrespective, therefore, of the question whether or not the motion of the defendants to strike out that part of the declaration was waived, because not pressed in the Supreme Court of the Territory, no doubt is entertained by this court that the motion was properly overruled by the District Court upon the merits. ”

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Source: Wikisource

Nathan Clifford, Rey v. Simpson — Opinion of the Court

“ When a promissory note, made payable to a particular person or order, as in this case, is first endorsed by a third person, such third person is held to be an original promissor, guarantor, or endorser, according to the nature of the transaction and the understanding of the parties at the time the transaction took place. ”

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Source: Wikisource

Nathan Clifford, Rey v. Simpson — Opinion of the Court

“ Proof of the attending circumstances under which the defendants, William R. Marshall and Joseph M. Marshall, had placed their firm name upon the back of the note, would clearly have been admissible in a trial upon the general issue; and if so, no reason is perceived why it was not proper for the plaintiff, under the peculiar system of pleading which prevailed in the courts of the Territory at the time the suit was commenced, to state those circumstances in the declaration. Beyond question, they were a part of the facts constituting the cause of action ”

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Source: Wikisource

Nathan Clifford, Rey v. Simpson — Opinion of the Court

“ Simpson's counsel therefore filed a complaint against the maker and endorsers of the note, joining them in one action, and complaining that they sould not pay the note. In this complaint, Marshall & Co. were called endorsers, and the question immediately arose, whether they were endorsers or guarantors. Accordingly, the counsel for the defendants moved to strike out of the complaint all those parts which spoke of Marshall & Co. as endorsers, for the purpose of guarantying the note, and of becoming sureties and security to the plaintiff. ”

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Source: Wikisource

Nathan Clifford, Rey v. Simpson — Opinion of the Court

“ I. The contract of the defendants (plaintiffs in error) was that of endorsers, and a contract of a different character cannot arise and will not be implied in conflict with the written agreement. The defendants being endorsers, they are endorsers of the plaintiff, and not liable to him. ”

Nathan Clifford

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