Columbia Baking & Manufacturing Co. v. Schissler

Citations

• 35 Pa. Super. 621
• 1908 Pa. Super. LEXIS 92

Syllabus

<p>Guaranty — Suretyship—Acceptance of guaranty — Notice of acceptance.</p> <p>Except in cases of absolute guaranty, accepted when given, notice of acceptance is necessary to fix the liability of the guarantor. Such notice is necessary, even if the guaranty is made at the request of the guarantee.</p> <p>In an action of assumpsit it appeared that plaintiff relied on a writing signed by the defendant as follows: “To whom it may concern, this is to certify that the undersigned faithfully agrees to act as security in behalf of A, who acts as agent for the sale of product as manufactured ” by plaintiff “for the amount of one hundred dollars.” At the date of the instrument, A owed nothing to the plaintiff. There was no evidence of acceptance of the paper by the plaintiff. Held, (1) that the paper in question was a guaranty of a future liability to be incurred by A, and (2) that as defendant received no notice of the acceptance of the guaranty by the plaintiff, the defendant was not liable thereon.</p>