Brittle v. Maplecrest Country Club

The following opinion was filed May 10, 1932:

Neeson, J.

The controversy on this appeal is between the bank and the three appellants who, together with the six indorsers of the note of June 2d and two others, guaranteed the note of December 12, 1927. In the view we take of this controversy a comparatively narrow question is here for determination: Did the trial court err in failing to dismiss, on the merits, the bank’s cross-complaint as against the five guarantors who guaranteed only the payment of the note of December 12th?

Prior to December 12th the bank held a note for $20,000 made by the…