CARLTON AND UNITED BREWERIES LIMITED v. WILSON

[1933] VLR 113·MANN J.
[1933] VLR 113
1933 VLR 113
CARLTON AND UNITED BREWERIES LIMITED v. WILSON Supreme Court of Victoria MANN J. 06 February 1933 Guarantee — Continuing guarantee — Guarantee of account for goods supplied — Terminable on notice by guarantor — Not to be determined by death of guarantor — Death of guarantor — Goods supplied with knowledge of death — No notice by executors terminating guarantee — Liability of executors .

A continuing guarantee, given to cover the indebtedness from time to time of the principal debtor for goods to be supplied, provided that the guarantee might be determined at any time by the guarantor’s giving notice to the creditor and paying the amount then owing by the principal debtor, and further provided that the guarantee should not be determined by the death of the guarantor. The guarantor died. No notice determining the guarantee was given by his executors. The creditor, with knowledge of the guarantor’s death, supplied goods to the principal debtor. The creditor sued the executors on the guarantee for the amount owing for those goods.

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[1933] VLR 113

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