Whiting v. Clark
California Supreme Court
Appeal from the Fourth District. Suit commenced by Whiting, Goodman & Co., Aug. 26th, 1859, on the following written guaranty : “ San Francisco, Dec. 19th, 1859. “ For a valuable consideration, I hereby guaranty the payment for any goods which Whiting, Goodman & Co. shall deliver to George S. Porter, or his order, on and after this date. , (Signed.) “ G. W. Clark.”
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Appeal from the Fourth District. Suit commenced by Whiting, Goodman & Co., Aug. 26th, 1859, on the following written guaranty : “ San Francisco, Dec. 19th, 1859. “ For a valuable consideration, I hereby guaranty the payment for any goods which Whiting, Goodman & Co. shall deliver to George S. Porter, or his order, on and after this date. , (Signed.) “ G. W. Clark.” The complaint avers, that plaintiffs gave defendant notice that they accepted the guaranty; and afterwards, relying on it, between its date and June 1st, 1858, sold and delivered to Porter goods amounting to seven hundred and…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
This suit is brought on a guaranty by defendant of a debt of or *411for one Porter. The only thing set up in defense which it is necessary to notice is, the plea that no suit has been brought to charge the original debtor, and that the Statute of Limitations bars the claim as to him. But this is no defense. After legally charging the defendant, the plaintiff was not bound to sue the principal; at least, unless requested by the guarantor; and the surety had in his own hands the means of protecting himself from loss by delay, by paying the debt and then suing the principal,…
2Cited by15 opinions
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