Lowndes v. McCabe Fertilizer Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

This action is nominally against the two defendants named, but by reason of the insolvency of the corporation it has become a controversy between the plaintiff, Lowndes, and the personal defendant, McCabe.

The action is upon an alleged guaranty by McCabe, dated June 15, 1923, of an account for salary and advances amounting to $4,377.68 due by the McCabe Fertilizer Con> pany to Lowndes, upon which there has been paid by McCabe the full amount of the principal, in two notes of $2,000 each, which were paid in April and June, 1927, and a…