Maddox v. Duncan

The plaintiff appeals from a judgment against him on demurrer to his petition. *475The petition contains two counts, the one charging the plaintiff as indorser, and the other charging him as guarantor of a promissory note. The following facts appear by the face of the petition. The defendant was payee of the note and in August 1877, assigned the same to one Grant by the following written indorsment: “Waiving notice, protest and demand, I assign the within note to Samuel Grant for value received, and I guarantee the payment of it.” Grant assigned the note to the plaintiff in June, 1891. The note…