National Bank v. Thomas
Supreme Court of Pennsylvania
Appeal, No. 198, Jan. T., 1907, by defendant, from judgment of O. P. Chester Co., Jan. T., 1907, No. 32, on verdict for plaintiff in case of The National Bank of Chester County v. Elizabeth O. Thomas and Francis G. Thomas, Executors of I. Preston Thomas, deceased. Assumpsit on a guaranty. The opinion of the Supreme Court states the facts. Yerdict and judgment for plaintiff for $18,176.46. Defendant appealed.
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Appeal, No. 198, Jan. T., 1907, by defendant, from judgment of O. P. Chester Co., Jan. T., 1907, No. 32, on verdict for plaintiff in case of The National Bank of Chester County v. Elizabeth O. Thomas and Francis G. Thomas, Executors of I. Preston Thomas, deceased. Assumpsit on a guaranty. The opinion of the Supreme Court states the facts. Yerdict and judgment for plaintiff for $18,176.46. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The controlling question in this case is whether the written instrument upon which suit is brought is a continuing guaranty. It is in the following language : “ For value received I hereby *363guarantee the National Bank of Chester County against any loss on any personal loans made by the said Bank to my said son, Francis G. Thomas, to the amount of $2,500 ; also against any loss on business paper of his discounted by said Bank, not exceeding the sum of $1,000.” It was executed by the father and intended to assist in maintaining the credit of the son. The father…
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