guaranty
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 75 U.S. 44 - Furman v. Nichol · 1868Most cited · 57 citing opinions
bank note
The guaranty is in no sense a personal one. It attaches to the note—is part of it, as much so as if written on the back of it; goes with the note everywhere, and invites every one who has taxes to pay to take it.
How the Supreme Court has restated “guaranty”
Each Supreme Court definition of “guaranty,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “guaranty”
Court decisions citing the 3 opinions that defined “guaranty” — 115 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 3 definitions, chronological · 1827–1868
- 1827·25 U.S. 515 - Richard Drummond Surviving Partner of Charles Drummond v. Executors of George Prestman[p13]· cited 53×ORIGINAL
It is a rule, in expounding instruments of this character, 'that the words of the guarantee are to be taken as strongly against him as the sense will admit.' But it is not necessary to test this letter by any canon of the law of guaranty more rigid than the first and most general, to wit, 'that no party shall be bound beyond the extent of the engagement which shall appear from the expression of the guaranty, and the nature of the transaction.
construction
the term 'guaranty' is usually applied to a collateral undertaking to pay the debt of another