Ferst v. Blackwell

Citations

• 39 Fla. 621

Syllabus

<p>1. An oiler of a continuing guaranty, executed by the guarantor at the special request of the agent of the person to whom the guaranty is addressed, and delivered to such agent who accepts same and agrees to make advances thereon to the person for whose benefit the guaranty is executed, requires no further notice of acceptance in order to bind the guarantor.</p> <p>2. No notice of particular purchases by one for whose benefit another has executed a continuing'guaranty is necessary in or' der to bind the guarantor upon such guaranty. If any notice is necessary, it is sufficient that the guarantor be notified of the amount due under such guaranty within a reasonable time after all transactions with the principal debtor, based upon the guaranty, have been closed; and even then, if no injury results to the guarantor from the failure to give notice, the omission will not bar recovery.</p> <p>3. If A, for the purpose of strengthening the credit of B, agrees with C to become responsible for goods to be sold in the future by him to B, and G accepts the agreement and acts upon it by selling goods to B, the agreement of A is founded upon a valid consideration.</p>