Home Savings Bank v. Shallenberger

Calkins, C.

This is an action upon the written guaranty by the defendant of a promissory note secured by chattel mortgage, of which one Summers was the maker and the Shelly-Rogers Company was the payee. The note was executed in renewal of one made to and guaranteed by the same parties, which became due on or before December 16, 1902. On the latter date Summers executed the note in question; and on December 20 the Shelly-Rogers Company indorsed the same to the plaintiff, agreeing that the defendant should guarantee the payment thereof. On the 80th day of December the defendant, who was absent…