William Johnson

“ And why should not this be evidence against George, the guarantee, who had tendered himself as security to these individuals, in these very transactions?
We are perfectly aware of the rule, that he who cannot profit by a judgment between other parties, should not be damnified by it. But, here, the application of the rule is in favour of the admission of this record. Suppose the suit against William Prestman had gone to a jury, and a verdict obtained against this plaintiff, can there be a doubt, that the record would have been admissible in evidence in favour of this defendant? ”

“ We have considered this question attentively, and are unanimous in the opinion, that the guaranty may well be construed to cover the joint trade of Charles and Richard. An interest of Richard is expressly contemplated by the guaranty, and the language of the letter seems more naturally adapted to a joint, than a several interest. For, a concern being represented in the person of any one of its members, the use of the pronoun of the second person is naturally suggested, and familiarly resorted to, when we address ourselves to an individual of the concern. ”

“ There is nothing on the face of the letter which holds out the idea of a connexion between William and the Drummonds, exclusively in their individual capacity. The object is, to throw business into the hands of the guarantee's son, and it could not have been inconsistent with this idea to guaranty a joint trade, as well as an individual trade. The grammatical construction of the language will sanction this idea, and the nature and object of the guaranty favours it. ”