Nevius v. Bank of Lansingburgh

Campbell J.:

In this case plaintiff in error was sued below on a guaranty of a negotiable note which had been endorsed to him, and also as endorser of another note; and judgment was rendered against him on both.

The guaranty was upon a note which was endorsed by the payee to him without recourse, and was in these words: “For value received I hereby guaranty the payment of the balance due on the within note. J. S. Nevius.’’ It was objected that this was not shown to be a contract made with the plaintiff below, but the objection was overruled. We think there was no error in the decision. This…