Noah Haynes Swayne

“ It has been said by an eminent writer that 'words are the counters of the wise and the money of the unwise.' Their office is to symbolize ideas. The intent of the parties is the contract, and whenever that is ascertained, however inartificially expressed, it is the duty of courts to give it effect. ”

“ The bond was given to prevent the execution of a writ of attachment issued for the seizure of the property of George & Brothers, to secure the payment of any judgment Myers & Green might recover against them. It was conditioned for the payment of such judgment.
Viewing the transaction in the light of this evidence, it cannot be doubted that it was the intention of both parties that the bond should be transferred to Tate, and we think that intent was made effectual. The difficulty, so far as there is any, has arisen from the unskilfulness of the draftsman of the instrument. ”

“ It was in proof that the firm of Myers & Green were largely indebted to Tate. He applied to Myers for payment. Myers said they had a claim against George & Brothers then in suit. He requested Tate to 'go up and see Billy Green,' and added, 'he will let you have the claim against George & Brothers.' Tate went to Green, and Green had the instrument in question drawn, and after its execution delivered it to Tate. Green further agreed that the judgment in the pending suit should be assigned to Tate as soon as it was recovered. ”