
    The Oil Seed Pressing Co., Appellant, v. Sarah Hutchinson, Respondent.
    (New York Common Pleas—Additional General Term,
    August, 1894.)
    If a condition is made material by the terms of a guaranty such condition must be complied with before liability will attach to the guarantor.
    Appeal from a judgment of the District Court in the city of New York for the second judicial district.
    
      G. H. Pettit, for appellant.
    
      W. W. Culver, for respondent.
   Per Curiam.

If a condition is made material by the terms of the guaranty, that condition must be complied with before liability will attach to the guarantor. The instrument under consideration states, in effect, I will be guarantor for everything sold up to the present time; hereafter I propose to be the purchaser of these goods, and as to future goods, if you will invoice them to me, I will be responsible and send you a check when due. The Court of Appeals has decided in McShane Co. v. Padian, 142 N. Y. 207, that a guarantor may not be made liable by a forced construction of the language of the guaranty for that which he did not undertake, but that the apparent meaning of the words used determines the extent of the liability.

"We think the judgment should be affirmed, with costs. •

Present: Booxstaver and Bischoef, JJ.

Judgment affirmed, with costs.  