Lionberger v. Kinealy

The defendant executed and delivered to Zelle Bros, his two promissory notes in their favor, dated October 26, 1878, and payable sixty days after date, one for the sum of $1,450, and the other for $98.40. The payees indorsed and delivered the notes, before maturity, to the Broadway Savings Bank, and, on December 28, 1878, wrote over their signature on each note the words: “We hereby guarantee payment on the within note.” On May 22,1879, the bank made a statutory assignment for the benefit of its creditors, under which the present plaintiff has, in due course of law, become the assignee. At…