Michael v. Babbet

This case comes before us on a finding of Tacts by the court. The finding is that the note at its incep *14tion was usurious, and that the defendant Jacob Babbet, after the execution of the note, upon a sufficient consideration, guarantied the same by writing thereon the following words: “ I hereby indorse the within note. Jacob Babbet.” The single question we are required to determine is whether Jacob Babbet can avail himself of such defense. As he was not a payee of the note, but a stranger thereto prior to writing his name thereon, he is, under the statute, a guarantor. Code, § 2089. The…