Allen v. Clarkson

Frank Johnson and Albert McCaleb, being indebted to the plaintiff, Thomas Allen, (doing business as Thomas Allen & Co.), in the sum of $447, gave their promissory note for that amount dated April 21, 1891, and payable four months thereafter.

This suit was brought upon an agreement signed by appellee and written on the back of said note, to wit:

“I hereby agree to pay the above note out of moneys belonging to Johnson and McCaleb as it comes into my hands.”

The verdict of the jury was for the defendant, and judgment rendered thereon.

Plaintiff appealed, and assigned for error that the trial court…