J. R. Watkins Medical Co. v. Warrington
Cases that cite this one
1 later published case cites this decision.
- W. T. Rawleigh Co. v. Warrington (Superior Court of Delaware 1938)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff and Warrington, one of the defendants, entered into an agreement in relation to the sale of certain goods. On the same paper McGlothen and Waples, the other two defendants, enter into a contract of guaranty with the plaintiff, separate from the original agreement with Warrington.
It is the opinion of the court that the guaranty contract is a collateral engagement for the promises and undertakings of Warrington, and creates a different obligation from that entered into by Warrington-. McGlothen and Waples are merely guarantors, and they cannot be joined with Warrington in an action on the contract between the plaintiff and Warrington, the principal debtor.
The demurrer is sustained.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.