Carothers v. Callahan

T. J. Callahan, Jr., and J. M. Kilpatrick bring this suit against William Carothers as an indorser on a promissory note. There was judgment by default against the defendant, and from this judgment the defendant prosecutes this appeal. The defendant is sued as indorser on the note under the following agreement in writing made by him:

“For value received, I hereby guarantee the payment of the within note and any renewal of the same in force and effect as a joint maker primarily liable thereon, and hereby waive protest, demand and all notice of nonpayment thereof.”

The defendant insists the…