Brewster v. Silence

This was an action on the guaranty of a note, written at its foot, in the following words:

“ I hereby guarantee the payment of the above note.

F. Silence.”

It was proved that the consideration of the note was a span of horses sold by the payee to the maker. That the sale was made on condition tha,t defendant would guaranty the note of the purchaser for the price ; that the note was drawn and executed by the maker, and the guaranty signed by the defendant at the same time and before it was delivered; that it was then delivered to the *94payee, who, on the receipt of it, delivered the horses to the…