Commentary on Cochran McLean and Co versus HR and BS Hooper

Cochran, McLean Tho

Guaranty- Under data of March 2nd 1871, HR BS wrote under an order HR BS Hooper, of Baldwin Plox for [?], on [?] "Dear Cheatham, Please fill this order for my friend Bald [?]. They are good without doubt for anything you can sell them, or I would not have insisted on the order for you We are willing to endorse them. [?] truly you friends. Endorsed. Send word to F. O'Bill to [?], H you heat them well, you can make good [?] HRA BJ Hooper." Baldwin Hox at the date of this letter, [?] good for [?] On this recommendation exclusively, Baldwin Hox had credit extended to them by Cochran, M Lean [?] for the bill of made ordered, which was duly paid, and then various dealings were initiated between B and G, and C de L the, B H continuing to make considerable purchases for which they paid punctually, until one made in the tale of 1872, amounting to some of 2600. Dec. 7, 1872, Baldwin Hox filed their petition in (?), and Cochman McLean H. with to hold HR BS Hooper, answered for the debt due them (?). Can they do it?

There in not the shifted (?) ground for the

you can tell them, in the body

If you will credit A, I [?] that his payment shall be regularly made from this day, Simpson

Warner, S Johns. 119. [Wells?] Dickinson, II Wind. 12: never is Hugginson, 1 Mason, 323: unless if is to indeed as to convey the impression that the guarantor appear to assume a muse extensive [] ability, when his language will be construed, not merely with reference to the tense which ^is may have been used L, him [] also to that is which is was probable, understood of the guarantee. Mason v. Pritchard, 12 [] 227; Mayer v. [], 6. [] 57th; Donfar v. Reynolds, 7 P[]. 113: Lawrence v. MGolmarb. 2 []. HU. Upon the whole, this seems to me to be probably a untiming guaranty, according to its terms. ([] English cases & also the [] seems to be mentioned by American authority, that notice after [] once of the guarant, much given to the guarantor, in this a reasonable time, especially when the guaranty, relate to ^prospective [] to be given in future. The mere [] upon the [], might probably complete the mutuality of essent, but search notice in needful to unable the guarantor and protect himself against by, [] this reason applies a portion to a [untiming?] guarantee. The notice [] [] being [] if [] not appear to these saw, to notify the guarantor A cash succession and [ounce?], but when all hasve been made the Thousand[] under the guaranty [], notice of the aunt for which the persecutor is [] unanswerable, he is given [] a reasonable time, or else guarantor is [] to whose [] intent he may have been damnified by the [omit?] So that if the party guarantied [] [] [] when death does, no much [] [] to [] [] notice.

[] 613. Peel v [] 1 Ber. and Pal. 419; Reynolds [] v [Dryloss?] [], 12 Peh. 504; ^[Dorylan?} v [Harland?], 24 Wend. 49: [] v Furbor [] [] 242; Phillips;s Adultery, 2 [] 206; [] v [Birves?] 5 MH 62; [] [wrolley?] 3B[] (EeL) 439. Learn from them that [] [] notices [] [] in [] to [stunt?] or in [] [] article before [] and, [] [] guaranator if ^see also "[] v [Woodward?] []. 5 [] [] [] (57 ECL) 816. if [] to [] [] [] So in [] Man [] v [], [] 475, if is laid down that the [] thaht there [] a reasonable time, notice if the [] of the guarantor is absolute imperative. Notice if the credit given under the [prosector?}