Allen v. Henderson

(After stating the foregoing facts.) In ground 1 of the demurrer it is contended that the contract between the *75plaintiff and the defendants is a contract of guaranty, and that no demand for the money is alleged against the principal, and no excuse is given why such demand was not made, and therefore no suit can be maintained against the guarantors. Assuming, for the purpose of this ground, without deciding, that the contract here sued on is one of guaranty, we do not think there is any merit in this contention. It is true that in a contract of guaranty the obligation of the guarantor is…