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Oil Seed Pressing Co. v. Hutchison

61 N.Y. St. Rep. 118 Court N.Y.C.P. Decision date 1894-08-01 English

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p. 118
Oil Seed Pressing Company, App’lt, v. Hutchison, Resp't.
(New York Common Pleas, General Term,
Filed August 1, 1894.)

Headnote

Guaranty—Conditional.
A condition, made material by the terms of the guaranty, must be complied with before liability will attach to the guarantor.
Appeal from a judgment of the district court in the city of New York for the second judicial district.
G. H. Pettit, for app’lt; W. W. Culver, for resp’t.

If a condition is made material by the terms of the guarantee, that condition must be complied with before liability will attach to the guarantor. The instrument under consideration states in effect, I will be guarantor for everything sold up to the present time; hereafter I propose to be the purchaser of these goods ; and as to future goods, if you will invoice them to me, I will be responsible and send you a check when due. Th,e court of appeals has decided in Henry McShane Co. v. Padian, 142 N. Y. 207 ; 58 St. Rep. 651 , that a guarantor may not be made liable by a forced construction of the language of the guarantee, for that which he did not undertake, but that the apparent meaning of the words used determines the extent of the liability.

We think the judgment should be affirmed, with costs.

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