Marvin v. Adamson

On the 14th of August 1857 the defendants Adamson, Schoonerer and Aldridge executed and delivered, their note to the order of White & Smith for two hundred dollars payable at ninety days. On the 30th of November thereafter White & Smith transferred said note to the plaintiff, endorsing thereon the words, “ Fully guaranteeing payment.”

Afterwards the plaintiff commenced his suit on said instrument against the makers and guarantors jointly. The former failed to appear and let judgment go by default. The latter demurred to the petition substantially upon two grounds.

1. Because the maker and…