Wanamaker v. Benn

Superior Court of Delaware

Wanamaker v. Benn

50 A. 512, 19 Del. 188, 3 Penne. 188, 1901 Del. LEXIS 13

DecidedMay 2, 1901

StatusPublished

This text of 50 A. 512 (Wanamaker v. Benn) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wanamaker v. Benn, 50 A. 512, 19 Del. 188, 3 Penne. 188, 1901 Del. LEXIS 13 (Del. Ct. App. 1901).

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Opinion

Lore, C. J.:

We think this nonsuit must be granted. The principle of law contended for by the plaintiff is very clearly settled in the cases of Taylor & Co. vs. McClung, 2 Houst., 24; and Farmers’ Bank vs. Tatnall, 7 Houst., 287. In the former case the statement is as follows:

“ If the guaranty be prospective in its character to cover future credits, the party tendering it, is entitled to notice of its acceptance, and the party receiving it and for whom it is intended, is bound to give reasonable notice of its acceptance, or the party offering it will not be bound by it.”

Let a nonsuit be entered.

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Lore, C. J.:

We think this nonsuit must be granted. The principle of law contended for by the plaintiff is very clearly settled in the cases of Taylor & Co. vs. McClung, 2 Houst., 24; and Farmers’ Bank vs. Tatnall, 7 Houst., 287. In the former case the statement is as follows:

“ If the guaranty be prospective in its character to cover future credits, the party tendering it, is entitled to notice of its acceptance, and the party receiving it and for whom it is intended, is bound to give reasonable notice of its acceptance, or the party offering it will not be bound by it.”

Let a nonsuit be entered.

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Bluebook (online)

50 A. 512, 19 Del. 188, 3 Penne. 188, 1901 Del. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wanamaker-v-benn-delsuperct-1901.