White v. Case
New York Supreme Court
Error from the Oswego common pleas. W. and J. White sued Case before a justice, on a note for $10, made by Case payable to bearer, and on a guaranty given by Case on a note for $30 drawn by one Hanford, bearing date 1st March, 1831, payable to bearer six months afterdate. 'The guaranty was in these words: “ Value received ; I hereby guarantee the collection of the within note;” which was endorsed on the $30 note, and signed by Case.
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Error from the Oswego common pleas. W. and J. White sued Case before a justice, on a note for $10, made by Case payable to bearer, and on a guaranty given by Case on a note for $30 drawn by one Hanford, bearing date 1st March, 1831, payable to bearer six months afterdate. 'The guaranty was in these words: “ Value received ; I hereby guarantee the collection of the within note;” which was endorsed on the $30 note, and signed by Case. A witness for the plaintiffs testified that Hanford removed out of the state about the time the note given by him became due ; the precise time of his removal he…
1Opinion of the Court
By the Court,
Nelson, J.
The question presented by this case is, what is the true construction of the guaranty ? It is, clear, if, according to the true construction of the terms of the guaranty, legal proceedings against the maker must be had before the holder cancall upon the guarantor, thatnothing can dispense with such proceedings but the act of the guarantor himself. The liability does not arise until the precedent condition is performed. The act of God, or of the law, cannot vary the terms upon which the guarantor agreed to become liable. It is a part of the consideration which cannot and…
2Cited by15 opinions
- Allen v. RundleSupreme Court of Connecticut · 1882
- Cooke v. NathanNew York Supreme Court · 1853
- Schmitz v. . LanghaarNew York Court of Appeals · 1882
- Bosman v. AkeleyMichigan Supreme Court · 1878
- Burt v. HornerNew York Supreme Court · 1849
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