Piedmont Guano & Manuf'g Co. v. Morris

Citations

• 86 Va. 941
• 11 S.E. 883
• 1890 Va. LEXIS 66

Syllabus

<p>1. Guaranty—Case at bar—The contract in this case sued on is one of guaranty, and not of suretyship.</p> <p>2. Idem—Instructions—AX the trial of the suit on said contract there was given the instruction following: “ If the jury believe from the evidence that the plaintiff took possession of the fertilizer notes on which this action is brought, before they became due, and never returned them to the defendants to collect them, and that while in the possession of the plaintiffs, the notes could have been collected by due diligence, then plaintiff cannot recover as to any notes which were solvent and could have been collected by them by the use of due diligence.” Held, the instruction correctly states the law of the case.</p> <p>3. Guaranty—Suretyship.—Guaranty is distinguished from suretyship in being a secondary, while the latter is a primary obligation.</p>