Shows v. Steiner
Supreme Court of Alabama
Appeal from. Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Action by Steiner, Lobman & Frank against T. W. Shows, on a guaranty. Judgment for plaintiff on a directed verdict, and defendant appeals.
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Appeal from. Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Action by Steiner, Lobman & Frank against T. W. Shows, on a guaranty. Judgment for plaintiff on a directed verdict, and defendant appeals. An undertaking of guaranty is primarily an offer, and does not become a binding obligation until its acceptance, and notice of acceptance given to the guarantor. — 1 Brandt on Suretyship, sec. 205 and note 20; 20 Cyc. 1404, and note 48. The guarantor was released and the fact that it was not in writing was wholly without merit. — Hand L. Oo. v. Hall, 147 Ala. 561. One partner may execute…
1Opinion of the CourtMayfield, J.
This is an action on a contract of guaranty, which contract was in writing, and was as follows:
“Agreement of Gfuaranty. The State of Alabama, Montgomery County:
“This agreement, made this the 17th day of October, 1907, by and between Steiner, Lobman & Frank, a partnership, engaged in the wholesale dry goods and notion business, at Montgomery, Alabama, of the one part, and T. W. Shows, of Luverne, Alabama, of the other part, witnesseth: That whereas; the said Steiner, Lobman & Frank have agreed to supply the firm of Beall & Fundaburk, from time to time, in the course of trade, with merchandise,…
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