Crescent Cigar & Tobacco Co. v. Rizzuto

Plaintiff brings this suit against defendant on a written contract of suretyship dated March 1, 1927, to recover the sum of $175.69, the alleged balance due on an open account that the defendant had guaranteed. The defense is that the contract of suretyship only covered future credit and not the past-due indebtedness of the debtor.

There was judgment in favor of plaintiff, as prayed for, and defendant has appealed.

The contract sued upon reads as follows:

“For and in consideration of value received of the Crescent Cigar & Tobacco Co., and as an inducement to the Crescent Cigar & Tobacco Co., to…