Grant v. Naylor
8 U.S. 224 (1808)

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U.S. Supreme Court

Grant v. Naylor, 8 U.S. 4 Cranch 224 224 (1808)

Grant v. Naylor

8 U.S. (4 Cranch) 224

ERROR TO THE CIRCUIT COURT

FOR THE DISTRICT OF MARYLAND

Syllabus

A letter of credit addressed by mistake to John and Joseph Naylor and delivered to John and Jeremiah Naylor will not support an action by John and Jeremiah for goods furnished by them to the bearer upon the faith of the letter of credit. It is not a written contract between the plaintiffs and the defendants, and parol proof cannot be admitted to make it such. It is not

a case of ambiguity or of fraud or of mistake on the part of the plaintiffs.

Error to the Circuit Court for the District of Maryland in an action of assumpsit brought by John and Jeremiah Naylor against Daniel Grant.

The verdict and judgment below were for the plaintiffs on the second count of the declaration, which stated in substance that it was agreed between the plaintiffs and defendant that if the plaintiffs would at the request of the defendant sell and deliver to a John Hackett and Alexander Grant "divers goods, wares and merchandises,"

Page 8 U. S. 225

he, the defendant, in consideration of the same, promised to pay the plaintiff as much money as they reasonably deserved to have therefor in case Hackett and Grant did not pay for them, and that, in consideration of the defendant's promise and at his request, they sold and delivered to Hackett and Grant "divers goods, wares and merchandises," and reasonably deserved to have therefor

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