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Contracts Keyed to Fuller
Bishop v. Eaton
Facts
Bishop (Plaintiff) was a business associate of Frank Eaton’s (Defendant) brother, Harry. In December 1886, Defendant wrote a letter to Plaintiff that said, "If Harry needs more money, let him have it, or assist him to get it, and I will see that it is paid." In 1887 Harry Eaton signed a promissory note for two hundred dollars to Stark, payable in one year. Plaintiff signed the note as surety, relying on Defendant’s letter for reimbursement if called upon to pay the note. Plaintiff mailed Defendant a letter saying he had signed the note, but Defendant never received it. When payment was due in 1889 Plaintiff asked Defendant to pay the note and he replied, "Try to get Harry to pay it. If he don't (sic), I will. It shall not cost you anything." In 1891, Plaintiff paid the note and sued Defendant. The court ruled for Plaintiff. Defendant appealed the ruling.
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