United States Supreme Court Cases & Opinions

U.S. Supreme Court

Drummond v. Executors of Prestman, 25 U.S. 12 Wheat. 515 515 (1827)

Drummond v. Executors of Prestman

25 U.S. (12 Wheat.) 515

Syllabus

The following letter of guarantee:

"Baltimore, 17 Nov., 1803"

"Captain Charles Drummond, Dear sir,"

"My son William having mentioned to men that in consequence of your esteem and friendship for him, you had caused and placed property of yours and your brother's in his hands for sale, and that it is probable, from time to time, you may have considerable transactions together, on my part I think proper to guarantee to you the conduct of my son, and shall hold myself liable, and do hold myself liable, for the faithful discharge of all his engagements to you, both now and in future."

"GEO. PRESTMAN"

will extend to a partnership debt incurred by William P. to Charles Drummond, and Richard his brother, it being proved that the transactions to which the letter related were with them as partners, and that no other brother of the said Charles was interested therein.

In such a case, the record of a judgment confessed by the principal, William P. to Richand D., as surviving partner of Charles and Richard D., for the amount of the debt due by William P. to the partnership firm was held to be admissible in evidence, inter alia, to charge the guarantor, George P., under his letter of guarantee.

Page 25 U. S. 516