First National Bank of Helena v. Solomon

Hart, J.,

(after stating the facts). Appellant was the plaintiff in the circuit court, and its counsel asks for a reversal of the judgment on the ground that the circuit court erred in not instructing a verdict in its favor.

In this contention we think counsel ^ are correct. Under the rule announced in Friend v. Smith Gin Co., 59 Ark. 86, and Bank of Morrilton v. Skipper, Tucker & Co., 165 Ark. 49, the contract of guaranty was absolute, and carried with it all the liability of an original undertaking. It follows that, the contract of guaranty being an original undertaking by the signers thereof…