Kincheloe v. Holmes
Court of Appeals of Kentucky
Error to the Muhrenburg Circuit. Covenant._ Case 3. Cass stated, The bill of guaranty. The pleadings, Tha construction of the letter of guaranty.
Read the full summary
Error to the Muhrenburg Circuit. Covenant._ Case 3. Cass stated, The bill of guaranty. The pleadings, Tha construction of the letter of guaranty. To authorize a recovery upon a general'letter of guaranty, it is necessary that the plaintiff not only aver that theguarantywai accepted, the credit given upon the faith of the guaranty,but that the guarantor was notified in a reasonable time,of the credit given, its extent, aud terms, and that the guarantor would be looked to for performance thereof. The guarantor is entitled to notice of the extent of liability ■which he was supposed to hare…
1Opinion of the Court
Judge Makseall
delivered the opinion of the Court.
This action of covenant was brought by Holmes, Sturgeon & Co., merchants of Philadelphia, upon a letter of guaranty, addressed by Wm. Kincheloe to Thomas C. Rockhill & Co., of Philadelphia.-
The letter, bearing date Sept. 13th, 1841, introduces John O'Brian, of the firm of Kincheloe & O’Brian, as visiting Philadelphia for the purpose of purchasing goods, and proceeds as follows : “They are entirely solvent, and- doing good business. I will guarantee any debts of theirs. Any friendship you may show Mr. O’Brian, in selling him goods, or…
2Cases cited4 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Adams, Cunningham & Co. v. JonesSupreme Court of the United States · 1838
- Edmondston v. Drake & MitchelSupreme Court of the United States · 1831
3Cited by5 opinions
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Milroy v. QuinnIndiana Supreme Court · 1879
- German Savings Bank v. Drake Roofing Co.Supreme Court of Iowa · 1900
- Newman v. Streator Coal Co.Appellate Court of Illinois · 1886
- Hurley v. OslerSupreme Court of Iowa · 1876