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When Offer of Guaranty Must Be Accepted


WHEN OFFER OF GUARANTY MUST BE ACCEPTED. An offer of suretyship or guaranty must be accepted the same as any other offer if the party offering is to be bound. Where the parties deal together personally, or a single specific liability is guarantied, formal notice of acceptance by the creditor is unnecessary. (Walker v. Forbes, 25 Ala., 139; Montgomery v. Kellogg, 43 Miss., 486.) When the guaranty covers a future and continuing credit, unless it refers specifically to a certain line of credit which it absolutely guaran ties, indicating a previous request for a guaranty, it should be formally accepted by notice sent to the guarantor of the creditor's intention to rely upon the guaranty. (Sheurll v. Knox, 2 Am. Lead, Cas., 104; Babcock v. Bryant, 12 Pick., 133; Davis v. Wells, Fargo & Co., 104 U. S., 159; contra, Powers v. Bumcranz, 12 0. St., 284.) And, unless the guarantor waive notice of accept ance, it must be given to bind him upon a general letter of credit. (Tiedeman, Corn. Pap., Sec. 42o; Russell v. Clarke, 7 Cranch, 69.) This is to enable the guarantor to know to whom he is liable.