Fidelity Savings Bank v. Wormhoudt Lumber Company

Plaintiff’s pending suit is upon a written guaranty of payment of a promissory note in tbe original amount of $9400, executed payable to plaintiff by one F. L. Stufflebeam. Tbe amount of tbe note and that it is past maturity are not controverted. At tbe time of its execution, tbe defendant guaranteed its payment, in these terms: “Endorsement Guarantee. To be paid in accord with contract as set out Wormboudt Lumber Company of Ottumwa by H. S. Wormboudt, President.”

Tbe note and guaranty agreement were executed and delivered on June 8, 1955. On tbe same date a contract, referred to in tbe record…