Aitken, Son & Co. v. Lang's Administrator
Court of Appeals of Kentucky
Case 80 — ACTION ON GUARANTY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The guaranty sued on is a continuing guaranty. 2. The guaranty was not terminated hy the death of the guarantor, S. C. Lang. Citations: Brandt on Suretyship & Guaranty, pars., 92, 156 to 160; Lowe v. Beckwith, 14 B. M., 150; Glover v. Thompson, 78 Ky., 193; Steadman v. Guthrie, 4 Met., 156; Union Bank v. Costar’s Exrs., 3 Com. Rep.
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Case 80 — ACTION ON GUARANTY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The guaranty sued on is a continuing guaranty. 2. The guaranty was not terminated hy the death of the guarantor, S. C. Lang. Citations: Brandt on Suretyship & Guaranty, pars., 92, 156 to 160; Lowe v. Beckwith, 14 B. M., 150; Glover v. Thompson, 78 Ky., 193; Steadman v. Guthrie, 4 Met., 156; Union Bank v. Costar’s Exrs., 3 Com. Rep. (3 N. Y.), 204; White v. Baxter, 71 N. Y. R., .254; Bishop v. Eaton, 161 Mass., 437; Johnson v. Bailey, 79 Tex., 516; Wright v. Griffiths, 121 Ind., 478; Stern v. James, 4…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
To guaranty the appellants, Aitken, Son & Co., for goods which they might sell Miss Emma Lang, S. C. Lang executed and delivered to them a writing which reads as follows; “New York, March 15, 1895. Messrs. Aitken, Son & Co.. — Dear Sirs: In consideration of the sale by you to Miss Emma Lang, doing business under the firm name of Mine. F. Lang, at Louisville, Ky., of certain goods now or hereafter to be bought by her, and for one dollar to me paid, the receipt whereof is hereby acknowledged, I hereby guaranty the payment by her to you of the…
2Cases cited1 opinion
- Jordan v. DobbinsMassachusetts Supreme Judicial Court · 1877
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