Merchants' National Bank of Omaha v. Ayers

Kimball, Justice.

The Merchants National Bank of Omaha, Nebraska, plaintiff, sued W. L. Ayers, defendant, to recover the amount due on a promissory note discounted by the plaintiff for the Platte County State Bank of Wheatland, Wyoming. The ease was tried to a jury and the verdict and judgment were for the defendant. The plaintiff appeals.

The defendant was sued as guarantor. He was one of the signers of the following written guaranty:

“WHEREAS, Platte County State Bank of the State of Wyoming, having its principal office at Wheatland in the County of Platte and State of Wyoming is desirous of…