Goutermont v. Sparks

The opinion of the court was delivered by

Marshall, J.:

The plaintiff brought this action on three promissory notes given to him by the defendants. Defendant Sparks, in his answer, admitted the execution and delivery of the notes, but said that he signed them as surety only, and on the oral agreement between plaintiff Goutermont and defendant Bland and Sparks, that to secure the payment of the notes the plaintiff would take a chattel mortgage, signed by defendant Bland, on a certain printing plant; and further *432said that the plaintiff failed to take the chattel mortgage, and that by reason of…