Wilcoxson v. McMullin

Mr. Justice Burke, sitting for Mr. Chief Justice Campbell,

delivered the opinion of the court.

Plaintiffs in error are hereinafter referred to as plaintiffs, or as Wilcoxson and the hank respectively; defendant in error as defendant, or McMullin; one Balph P. Henderson, as Henderson, and one Douglas E. Clark, as Clark.

The bank owned two notes, one signed by Henderson, the other by Henderson and Clark. These McMullin, in writing, agreed to pay under specified conditions. Plaintiff, relying thereon, brought this action. McMullin answered that the conditions of his guaranty had not been met, that…