Lawson v. Townes, Oliver & Co.
Supreme Court of Alabama
Error to Talladega Circuit Court. This action was brought in the Court below, by the defendants in error, against the plaintiffs in error, as guarantors of one Walter West. The guaranty is to the following effect : “ Talladega, Nov. 22,1836. Whom it may concern.
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Error to Talladega Circuit Court. This action was brought in the Court below, by the defendants in error, against the plaintiffs in error, as guarantors of one Walter West. The guaranty is to the following effect : “ Talladega, Nov. 22,1836. Whom it may concern. We, whose names are hereto subscribed, do recommend Walter West to be a man of honest character; and that he wishes to procure a stock of liquors and other articles to furnish a confectionery; and that he will be true and responsible for any contract that he may make. And that Sve, the subscribers, do warrant such contract to be…
1Opinion of the CourtOrmond, J.
— The objection taken, to the declaration is, that there was no sufficient notice of the acceptance of the guarantee, and of the failure of West, to whom the letter of credit was given, to pay the debt. It is very clear, that the guarantors were entitled to notice that credit had been given to West, on the faith of the guaranty, within a reasonable time afterwards, that they might know the extent of their liability, and, if necessary, be enabled to take the proper steps to secure themselves. As their undertaking was not absolute, but conditional, and depending on the failure of the principal…
2Cited by11 opinions
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- Cahuzac & Co. v. SaminiSupreme Court of Alabama · 1856
- Public National Life Insurance Co. v. HighsmithCourt of Civil Appeals of Alabama · 1971
- Wilcox v. DraperNebraska Supreme Court · 1881
- Bates v. StarrSupreme Court of Alabama · 1844
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