Second National Bank v. Gaylord
Supreme Court of Iowa
Appeal from Bucha/uan Circuit Court. The facts sufficiently appear in the opinion.
1Opinion of the CourtDay, J.
On the 12th day of January, 1867, Thomas T. Webster made his promissory note for $500, payable to the order of defendant, E. S. Gaylord, who at the same time wrote upon the back of the note a guarantee as follows: “ For value received, I hereby guarantee the payment of the within.
“E. S. Gaylord.”
Prior to the maturity -of the note, in due course of business, the plaintiff became possessed thereof.
The note not being paid, the plaintiff brought his action thereon, in the Buchanan circuit court, against the defendant, on his guarantee. The defendant relied upon the want of notice of non-payment…
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