Stewart v. Ranney
New York Court of Common Pleas
The defendant, for a consideration, guarantied to the plaintiffs the payment for all goods purchased of them after May 1st, 1858, by Martin L. Ranney, not exceeding $500 in amount, and said Ranney to have a credit of six months from the date of the respective purchases. Between May 20th and July 1st, 1858, six distinct purchases of goods were made upon the faith of this guaranty, based on the credit stated.
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The defendant, for a consideration, guarantied to the plaintiffs the payment for all goods purchased of them after May 1st, 1858, by Martin L. Ranney, not exceeding $500 in amount, and said Ranney to have a credit of six months from the date of the respective purchases. Between May 20th and July 1st, 1858, six distinct purchases of goods were made upon the faith of this guaranty, based on the credit stated. On the latter day all these purchases were averaged as to dates and amounts, and a note given by Martin L. Ranney to the plaintiffs, dated June 11th, for the sum then owing, payable in six…
1Opinion of the Court
By the court, Brady, J.
The claim against a guarantor is strictissimi juris, and the terms of the guarantee must be complied with. If the term of credit be longer or shorter than that named by him he is discharged. (Walrath agt. Thompson, 6 Hill, 540; S. C. 2 Comst. 185; Leeds agt. Dunn, 6 Seld. 469; Henderson agt. Marvin, 11 Abb. Pr. R. 142.)
There is but one exception to the adjudications in this state on that subject, that I have been able to find, and that is the case of Smith agt. Dann, (6 Hill, 543.)
The plaintiff in that case accepted the vendee’s note for three months, which, being…
2Cited by1 opinion
- Marcus v. LiebovitzAppellate Terms of the Supreme Court of New York · 1908