The Hartwell Richards Co. v. Moss

There is considerable conflict in the authorities as to the rule to be applied in the construction of guaranties. One line of cases holds that in order to hold a guaranty to be a continuing one, it must clearly appear from the language used that such was the intention of the parties. Thus, in Cremer v. Higginson, 1 Mason, 323, Judge Story says that in any doubtful case the presumption ought to be against holding a guaranty to be continuing. In Melville v. Hayden, 3 B. & Ald. 593, Best, C. J., says: “It ought to appear unequivocally that it was the intention of the defendant to. guarantee…