Good v. Martin

The principal question presented in this record has been the subject of much judicial discussion in the courts of this country, resulting in a difference of opinion, which is exceedingly perplexing. All the courts agree that a liability is incurred by one who, being a stranger to-a note,- puts his name upon the back of it at the time it is made ; but whether he should be regarded as maker, guarantor or indorser, is the point of difference. 2 Parsons’ Jiotes and Bills, 119.

This difference of opinion arises only in cases in which the parties have omitted to express their contract, and have *167left…