Fisk v. Comstock
Supreme Court of Louisiana
1. Every act of a party to whom a promise or guaranty is given, which tends to increase the risk of the promise, or to defeat the remedy against the principal, will vacate and discharge the guarantee. 3 Chilty’s Commercial Law, 324. Theobald, on Principal and Agent, 123. 2. Suretyship must be restrained within the limits fixed by the contract. It must be express, and cannot be presumed. Civ. Code, 3008. Guaranties must be construed strictly.
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1. Every act of a party to whom a promise or guaranty is given, which tends to increase the risk of the promise, or to defeat the remedy against the principal, will vacate and discharge the guarantee. 3 Chilty’s Commercial Law, 324. Theobald, on Principal and Agent, 123. 2. Suretyship must be restrained within the limits fixed by the contract. It must be express, and cannot be presumed. Civ. Code, 3008. Guaranties must be construed strictly. Bell v. Norwood, 7 La. 103. The courts always incline to favor sureties. 13 Pe-tersdorff, Abr. 769. n.
1Opinion of the CourtBullard, J.
The plaintiff became the bail of Tufts, upon the following guaranty of Comstock and Hyde: “We hereby promise to indemnify Abijah Fisk, and pay him for all damages he may incur, and for all expenses and charges which may be-incurred in consequence of his being bound for the appearance of A. W. Tufts,” &c. Having been compelled to pay the judgment against Tufts, the plaintiff instituted the present action to be reimbursed. There was judgment below against him, and he has appealed.
The defendants rested their defence upon the allegations, that the plaintiff never gave them any notice of the trial…
2Cases cited1 opinion
- Lynch v. BurrSupreme Court of Louisiana · 1844