Stone v. Barr

*776The opinion of the court was delivered by

Marshall, J.:

The plaintiff, in two counts, sued upon a written guaranty of John Todd, deceased, on two promissory notes executed by the Caney Glass Company, a corporation, one for $7,000 and the other for $5,000. One note was guaranteed by S.'M. Porter, John Todd, H. Bradley, and John Ziegenfuss, and the other one was guaranteed by S. M. Porter, John Todd, J. E. Stone, H. Bradley, and John Ziegenfuss. The plaintiff appéals from an order striking out certain allegations of his petition.

The first count of the petition declared on the- $7,000 note, and…