Kealing v. Vansickle

On Petition eor a Rehearing.

Woods, J.

A rehearing is asked on the ground that the fact stated in the finding, that John and Samuel Kealing indorsed the note before its delivery to the payee, for the accommodation of James A. Kealing, who alone received of the payee the consideration of the note, is equivalent to a finding that said John and Samuel intended to become, and were accepted by the payee as, original makers, liable jointly with, or as sureties for, said James.

After a careful and painstaking examination of the decisions throughout the United States, and a study of such English cases…