Reynolds v. Douglass
37 U.S. 497

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U.S. Supreme Court

Reynolds v. Douglass, 37 U.S. 12 Pet. 497 497 (1838)

Reynolds v. Douglass

37 U.S. (12 Pet.) 497


Commercial guarantee. The rule is well settled, that the guarantor of a promissory note whose name does not appear on the note is bound without notice where the maker of the note was insolvent at its maturity unless he can show he has sustained some prejudice by want of notice of a demand on the maker of the note and notice of nonpayment.

If the guarantor could prove he had suffered damage by the neglect to make the demand on the maker of the note, and to give notice, he could only be discharged to the extent of the damage sustained.

In order to enable the party claiming under a guarantee, to recover from the guarantor by a letter of credit, he must prove that notice of its acceptance had been given in a reasonable time after the letter of credit had been accepted. This notice need not be proved to have been given in writing, or in any particular form, but may be inferred by the jury from facts and circumstances which shall warrant such inference.

A recognition of the parties to a letter of credit of their obligation to pay as guarantors under a supposed liability, which did not arise from the facts of the case and of which facts they were ignorant, would not be a waiver of the notice they were entitled to have of the acceptance of their guarantee.

A party to a note entitled to notice, may waive the notice by a promise to see it paid, or an acknowledgment that it must be paid; or a promise that

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