Ayres v. Findley
Supreme Court of Pennsylvania
Error to the Common Pleas of Venango county. Findley, the owner of a due bill, assigned it to plaintiff by endorsement, guarantying the payment. Suit brought against the drawers. There was a reference about four months afterwards, and an award for defendant, « no cause of action.” A day or two after this was filed, notice was given to Findley, who promised to enter an appeal, but did not. Plaintiff gave evidence of the insolvency of drawers at the time of assignment.
Read the full summary
Error to the Common Pleas of Venango county. Findley, the owner of a due bill, assigned it to plaintiff by endorsement, guarantying the payment. Suit brought against the drawers. There was a reference about four months afterwards, and an award for defendant, « no cause of action.” A day or two after this was filed, notice was given to Findley, who promised to enter an appeal, but did not. Plaintiff gave evidence of the insolvency of drawers at the time of assignment. Defendant then showed an order by the drawers after the award, for the payment of plaintiff, accepted conditionally, on the…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Warranty and guaranty, being derivatives from the same root, are identical ip signification and effect; the one usually, but not always, denoting aifcovenant in a conveyance, and the other denoting a parol promise. We are without precedent for the effect of notice to a guarantor, or of the want of it; but in Leather v. Poultney, 4 Bin. *502352, whose principle is susceptible of general application, it was pointedly intimated, that where a warrantor has notice to defend, the judgment wull conclude .him; and that even where he has it not,…
2Cases cited1 opinion
- Ulrich v. BergerSupreme Court of Pennsylvania · 1842
3Cited by2 opinions
- Frank v. McCafferty Ford Co.Superior Court of Pennsylvania · 1960
- Knights of Joseph Building & Loan Ass'n v. Guarantee Trust & Safe Deposit Co.Superior Court of Pennsylvania · 1918