Fuller v. Scott

The opinion of the court was delivered by

Yaíentine, J.:

This was an action upon an alleged guaranty of a promissory note. The note reads as follows-;

*32“$4,208.21. Leavenworth, Eeb. 8th, 1866.

Oh the first day of May, after date, I promise to pay to the order of Scott, Kerr & Co. four thousand two hundred and eight and dollars, at their office, value received. J. T. MoWhirt.” The note was indorsed as follows: “P. Fuller & Co.”

The defendants below, Perry Fuller and Alexander McDonald, who are now plaintiffs in error, were members of the firm of “ P. Fuller & Co.” The plaintiffs below, Lncien Scott…