John H. Lyon & Co. v. Plum

The opinion of the court was delivered by

Parker, J.

At the foot of an order for merchandise, dated October 3d, 1895, signed by George W. Downs and addressed to Messrs. J. Ií. Lyon & Company, was appended the following guaranty, signed by the defendant:

“Mess. J. II. Lyon & Go.:

“Gents — I hereby agree to become responsible for the purchases made by G. W. Downs for his Newark Mill.

“Matthias Plum.”

At the date of the guaranty J. II. Lyon & Company were a partnership consisting of John II. Lyon and Philip M. Knight. This partnership sold goods to Downs on running account until January 1st, 1898,…