In Petty v. Warren, 90 W. Va. 397, 110 S.E. 826, the principle is recognized as well established that, where one person agrees with another to be primarily liable for a debt owing by that other to a third person, as between the parties to the agreement, the first is the principal and the second becomes the surety.
Summary of this case from Hutchinson Coal Co. v. MillerDecided June 15, 1993
APPEAL WITHDRAWN
In Petty v. Warren, 90 W. Va. 397, 110 S.E. 826, the principle is recognized as well established that, where one person agrees with another to be primarily liable for a debt owing by that other to a third person, as between the parties to the agreement, the first is the principal and the second becomes the surety.
Summary of this case from Hutchinson Coal Co. v. MillerIn Petty v. Warren, 90 W. Va. 397, 110 S.E. 826, the right to maintain an action was denied to plaintiff on the ground that he was a joint, and not a sole, beneficiary on the contract.
Summary of this case from United Disp. v. Albrecht Co.Full title:PEOPLE v. PETTY (WARREN)
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: Jun 15, 1993
If it be conceded that, upon the agreement of M.L. Hutchinson to assume and pay the debts of the Hutchinson…
United Disp. v. Albrecht Co.Cf. Weaver v. Wheeling Traction Co., 91 W. Va. 528, 114 S.E. 131. This Court again passed on the application…