Weiner v. Gordon

(Jones, P.J. and Henchey, J.)—Action of contract against two defendants to recover for work done. The case was discontinued as to one defendant, Gordon, who went into bankruptcy after signing a note for the amount due. The defendant, Gilman, pleaded the general issue and payment. The case against Gilman went to trial, and evidence was introduced that before Gordon went into bankruptcy he made and delivered to the plaintiff a promissory note for the amount of the debt with the assurance that Gilman also would sign the note. Gilman promised the plaintiff that he would sign, but never did so.…