New York Court of Appeals

William Barns, Respondents v. John Barrow, Appellant

September 5, 187461 N.Y. 39

Summary

The Court held that a guarantor who signed a guarantee with an individual partner of a firm is not liable for goods supplied by the partnership when the guarantor had no knowledge that the goods were to be furnished by the firm. Accordingly, the appellate court reversed the General Term and affirmed the judgment entered on the referee's report in favor of the guarantor.