Clark, John Innes (1745-1808) to Harrison Gray Otis
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Gilder Lehrman Collection #: GLC00496.163 Author/Creator: Clark, John Innes (1745-1808) Place Written: Providence, Rhode Island Type: Autograph letter signed Date: 30 March [circa 1797-1800] Pagination: 2 p. : address : docket ; 26 x 21 cm. Order a Copy
Copy of Alexander Hamilton's opinion on the case of John Innes Clark v. Nathaniel Russell at the request of Otis. Transcribed by Clark.
Clark was a merchant from Providence, Rhode Island. Otis was a state representative from Boston, Massachusetts, who went on to become a state senator, president of Harvard University, and mayor of Boston.
Providence 30th March
Dear Sir
You expressed a desire to have a copy of Genl. Hamilton's opinion in the case of Nathl. Russell vs me - It is now enclosed, tho' I have thought it unnecessary to repeat the letters, convinced that you have them sufficiently on your mind.
With respects to Mrs. Otis & in hopes this will find your child in better health, I am with sentiments of esteem -
Your much obliged
& most Obed Servant
John Innes Clark
[2]
The agent of Mess. R. M. & Co. delivered the first letter to N. R. Esqr. & made purchases of produce. - to pay for which he drew Bills on London, which Bills were Endorsed by N. R. Esqr. The Bills were returned protested for non payment, but without ever having been protested for non acceptance. - but due notice was given to them of the protest for non payment.
Query
Do the terms of the Letters constitute a guaranty and if so are C & N holden to pay the Bills so returned.
Answer - I do not consider the two letters taken together as constituting a guaranty, and I perceive nothing in the subsequent Statement to affect the Question. - As the guaranty of C & N if it existed at all, would be collateral to the transaction of the Bills. Notice to them of the protest for non acceptance or non payment was not requisite. - It would be sufficient if regular notices were given to R. M. & Co the Drawers. But another point was stated in Conversation which is more material. It is this that N R never advised C & N of the operation he made with R. M. & Co - I am much inclined to think that this was necessary and that the not having done it would be deemed a waver of the guaranty, if one had existed. - I have not however a decided opinion on this point, especially as I recollect no judicial decision that looks to it. - But I am clear that the letters do not amount to a guaranty.
Signed
A Hamilton
Question
If after the writing of these letters it should appear that one of the partners, not the writer of the Letters, should have expressed himself to this effect, that in his opinion the Letters did import a guarantee - and that the House were bound by them; but this declaration was made subsequent to the credit alleged to have been given on the Letters by N. R. Esqr. - Could such an opinion, so expressed, affect the question of the guaranty? - I [am of opinion]
Answer - I am of opinion that this can make no difference
Signed -
A Hamilton
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