Birmingham News Co. v. Read
Supreme Court of Alabama
Appeal from Circuit' Court, Jefferson County; John O. Pugh, Judge. Assumpsit by the Birmingham News Company against Mrs. R. R. Read and others. Judgment for defendants, and plaintiff appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. The instrument directed to be set out is as follows: To Birmingham News Publishing Company, Birmingham, Ala.: You may furnish to A. IT.
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Appeal from Circuit' Court, Jefferson County; John O. Pugh, Judge. Assumpsit by the Birmingham News Company against Mrs. R. R. Read and others. Judgment for defendants, and plaintiff appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. The instrument directed to be set out is as follows: To Birmingham News Publishing Company, Birmingham, Ala.: You may furnish to A. IT. Joseph, at Anniston, Ala., such copies of the Birmingham News as he may order, and we, the undersigned, hereby guarantee the prompt payment to you of his bills. And in the event of a failure on the part…
1Opinion of the CourtAnderson, C. J.
[1-3] The instrument in question (which will be set out by the reporter) is a mere proposal of guaranty in the nature of a letter of credit and notice of acceptance is generally necessary to make such instruments binding upon the guarantor. Phillips-Boyd Co. v. McKinnon Co., 73 South. 43 ; Davis v. Wells, 104 U. S. 159, 26 L. Ed. 686; Shows v. Steiner, 175 Ala. 363, 57 South. 700; Manier v. Appling, 112 Ala. 663, 20 South. 978. Nor does it appear from this record that the guaranty was given upon the request of the guarantee to the guarantor so as to make the contract complete, and thus…
2Cases cited4 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Manier & Co. v. ApplingSupreme Court of Alabama · 1896
- Shows v. SteinerSupreme Court of Alabama · 1911
- Phillips-Boyd Pub. Co. v. McKinnonSupreme Court of Alabama · 1916
3Cited by1 opinion
- Huckaby v. McConnon & Co.Supreme Court of Alabama · 1925