Burnham v. Gallentine

Burnham, was the plaintiff below, and Gallentine the defendant. The complaint alleges that one Cook, on the 6th of December, 1853, by his note of that date, promised, one day after the date thereof, to pay Gallentine., the defendant, 183 dollars, without relief, &c.; that Gallentine afterwards indorsed the note to the plaintiff, and guarantied its payment to him, and that the same remains due and unpaid, although Cook and Gallentine have each been often requested to pay, &c. It is averred that Cook, at the time of the guaranty, was, and still is, notoriously insolvent. Wherefore, &c.

The note…