Smith v. Lawton

Citations

• 29 S.C.L. 352

Syllabus

<p>1. Defendant executed a deed of guaranty to the plaintiffs, in which it was recited, that the person for whose benefit it was executed, was at that time indebted to the plaintiffs. In covenant upon the guaranty, the verdict was for the plaintiffs. As a ground for new trial it was urged that at the time of the execution of the deed, the person guaranteed for was not in fact indebted to plaintiffs, though so recited in the deed. 'The Court was of opinion that plaintiffs’s representations that the person undertaken for was so indebted, if not the fact, could not prejudice the defendant, or impair the plaintiffs’s right to recover, for whatever effect the circumstance might have to prejudice the claim of the plaintiffs with the jury, the defendant had the benefit of it at the trial.</p> <p>2. Where goods were charged to a person for whom a guaranty had been given, but delivered to another, the agency of the latter for the former, for this purpose, may be proved from the relations between them. Such proof is competentj but whether sufficient or not is a question for the jury.</p>