Bank of Waverly v. Daily

Action against defendant as guarantor of the payment of 80/100 of certain notes held by plaintiff. Defendant admits his liability as guarantor, but alleges a counterclaim, in which he asks judgment against plaintiff for certain dividends on 20 shares of stock. From a judgment against defendant on his counterclaim, he appeals.

Defendant’s liability as guarantor and his claim for dividends grow out of a certain contract, dated July 8, for the 'sale of 80 of the 100 shares of the plaintiff bank, had between defendant, vendor, and R. M. Beale and E. W. Negus, vendees. The contract is, in part,…