Reigart v. White
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Lancaster county. This was an action of assumpsit, commenced October 5th 1863, by Daniel S. White and John A. Swope, trading as White & Swope, against Elizabeth J. Reigart.
Read the full summary
Error to tbe Court of Common Pleas of Lancaster county. This was an action of assumpsit, commenced October 5th 1863, by Daniel S. White and John A. Swope, trading as White & Swope, against Elizabeth J. Reigart. The declaration averred that one Emory desired to purchase goods of the plaintiffs, “ to be paid for in nails,” and the plaintiffs were willing to sell the goods if the defendant would “ undertake to be responsible for the delivery of the nails,” and that the defendant, “ in consideration that the plaintiffs would at her special instance and request sell and deliver the said goods,…
1Opinion of the Court
The opinion of the court was delivered, June 1st 1866, by
Agnew, J.
The letter of Mrs. Reigart of September 20th 1860 is a direct and special contract of security to White & Swope for the delivery of the nails by Emory, and not a general guaranty. It would be difficult to define the commercial contract of guaranty so clearly as to reconcile all the adjudged cases lying upon the confines between guaranty and suretyship.
But there is one element in the former to be found in all guaranties which seldom fails as a mark of distinction, and this is well expressed by Lewis, O. J., in Brown v. Brooks, 1…
2Cases cited1 opinion
- Sherman v. RobertsSupreme Court of Pennsylvania · 1855
3Cited by14 opinions
- JPMorgan Chase Bank, N.A. v. Earth Foods, Inc.Illinois Supreme Court · 2010
- Plummer v. WilsonSupreme Court of Pennsylvania · 1936
- Pittsburg Construction Co. v. West Side Belt RailroadSupreme Court of Pennsylvania · 1909
- Homewood Peoples Bank v. HastingsSupreme Court of Pennsylvania · 1919
- Keystone Bank v. Flooring Specialists, Inc.Supreme Court of Pennsylvania · 1986
9 more not listed; retrieve them via the Exa API.