Hartley Silk Manufacturing Co. v. Berg

Citations

• 48 Pa. Super. 419
• 1911 Pa. Super. LEXIS 402

Syllabus

<p>Contract — Consideration—Principal and surety — Seal—New York contract.</p> <p>1. A contract of suretyship is based upon a good and sufficient consideration both under the laws of Pennsylvania and New York where it appears that the contract was under- seal, and that the person receiving the guaranty delivered merchandise upon the strength of it to the principal, and would not have sold the- merchandise unless the account had been guaranteed by the surety.</p> <p>Principal and surety — Guaranty—Notice of acceptance — Conflict of laws — New York law.</p> <p>2. Where a contract of guaranty for the payment of goods to be sold to the principal is sent to New York and accepted in the latter state, and the goods are shipped from New York to Pennsylvania under the guaranty, the contract is a New York contract, and it is not necessary for the person receiving the guaranty to give notice to the guarantor of the acceptance of the offer of guaranty. In such a case the Pennsylvania rule requiring notice of acceptance of the guaranty is not applicable. i</p> <p>3. Where a person uses the post to make an offer the post office becomes his agent to carry the offer, the offer is not made when the] letter is posted, but when it is received. -</p> <p>4. If an offer of guaranty is made in one state and accepted in another, it is a contract of the latter state and governed by the laws thereof.</p> <p>5. The courts in Pennsylvania will follow the decisions of the courts of foreign states, not only as to the interpretation of their statutes, but as to their common law as well.</p> <p>Principal and surety — Guaranty—Construction—Distinction between guaranty and suretyship.</p> <p>6. It is the definiteness of the terms relative to the time and manner of the performance, rather than the use of any particular word or words which controls the question of whether an obligation is a guaranty or suretyship.</p> <p>7. An agreement, which although styled a guaranty, covenants to pay any balance d