Lester Piano Co. v. Romney
Utah Supreme Court
Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Lester PÜano Company against George Romney. Judgment for defendant. Plaintiff appeals. RESPONDENT'S POINTS. A guaranty is a contract, which, after the intention of the parties has been ascertained, must be construed strictly in favor of the guarantor. (Daly v. Old, 35 Utah, 74, 99 Pac. 460; Groolcs v. Propp, 66 N. Y. Sapp. 753; Acme Mfg.
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Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Lester PÜano Company against George Romney. Judgment for defendant. Plaintiff appeals. RESPONDENT'S POINTS. A guaranty is a contract, which, after the intention of the parties has been ascertained, must be construed strictly in favor of the guarantor. (Daly v. Old, 35 Utah, 74, 99 Pac. 460; Groolcs v. Propp, 66 N. Y. Sapp. 753; Acme Mfg. Go. v. Peed, 197 Pia. 359.) And the language should not be strained beyond its natural meaning to enlarge the liability of the guarantor. (Schwartz v. Hyman, .107 N. Y. 562.)…
1Opinion of the CourtStraup, J.
The plaintiff, a Pennsylvania corporation, seeks to recover from the defendant on an alleged guaranty for future obligations of the Daynes & Romney Piano Company, a Utah corporation, at Salt Lake City. The case was tried to the court on an agreed statement of -facts. The defendant had judgment, from which the plaintiff appeals.
Its contention is that on the agreed facts it, and not the defendant, was entitled to j’udgment. The substance of the agreed statement is:
In March, 1904, the defendant was a stockholder and an officer of the Daynes & Romney Piano Company, which had been doing business…
2Cases cited11 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
- Nading v. McGregorIndiana Supreme Court · 1890
- Crane Co. v. SpechtNebraska Supreme Court · 1894
- Craft v. IshamSupreme Court of Connecticut · 1838
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- Ralston Purina Company v. Nabisco, Inc.Court of Appeals for the Eighth Circuit · 1976
- Berry v. AdamsSupreme Court of South Carolina · 1931
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