Robbins v. Robinson
Supreme Court of Pennsylvania
Appeal, No. 162, Jan. T., 1896, by plaintiffs, from judgment of C. P. No. 2, Phila. Co., June T., 1894, No. 686, of nonsuit. ■Assumpsit for goods sold to the Philadelphia Optical & Watch Co., Ltd., upon written guaranty. Before Sulzberger, J. The plaintiff offered in evidence the following agreement: We hereby agree to extend The Philadelphia Optical & Watch Co., Limited, a line of credit not to exceed Forty-Thousand Dollars ($40,000.00), upon condition that Jos.
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Appeal, No. 162, Jan. T., 1896, by plaintiffs, from judgment of C. P. No. 2, Phila. Co., June T., 1894, No. 686, of nonsuit. ■Assumpsit for goods sold to the Philadelphia Optical & Watch Co., Ltd., upon written guaranty. Before Sulzberger, J. The plaintiff offered in evidence the following agreement: We hereby agree to extend The Philadelphia Optical & Watch Co., Limited, a line of credit not to exceed Forty-Thousand Dollars ($40,000.00), upon condition that Jos. W. Robinson and A. H. Williams & Sons go their security for that amount. " We do further agree that said Forty-Thousand Dollars…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Tbe learned judge below gave too narrow and strict a construction to the word “ payment ” in the agreement of the plaintiffs with the debtor, the Watch Company, Limited. According to this construction all that the guaranty of defendants amounts to is that when the Watch Company, Limited, should buy a bill of goods they should give a note for it, and that should end the guarantor’s liability. The futility of such an immaterial guaranty is manifest, and tbe whole tenor of both writings shows that such was not the intent of the parties. The first agreement for…
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