Stone v. Rockefeller
Ohio Supreme Court
Motion for leave to file petition in error to reverse the-judgment of the District Court of Cuyahoga county. The petition contains two causes of action, each of which is founded upon a guaranty indorsed by the defendant upon the back of a negotiable promissory note, in the form following, viz: “ Pay A. Stone or order. I guarantee the collection of the within note.”
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Motion for leave to file petition in error to reverse the-judgment of the District Court of Cuyahoga county. The petition contains two causes of action, each of which is founded upon a guaranty indorsed by the defendant upon the back of a negotiable promissory note, in the form following, viz: “ Pay A. Stone or order. I guarantee the collection of the within note.” To show that a right of action had accrued to the plaint-' iff' on said contract of guaranty, the petition alleges that-prior to the 14th day of September, 1875, the date on which the interest sought to be recovered became due, the…
1Opinion of the CourtGilmore, J.
In stating the two causes of action, the notes set out in the petition are duplicates of each other in. *628every respect, except that one matures in four and the other1 five years from date, and the questions raised, are thereforeapjjlicable alike to both causes of action.
The note set out in the first cause of action only need be given. It reads as follows:
“ $5,500. Cleveland, Ohio, September 14,1874.
“ Four years after date, we promise to pay to John D. Rockefeller or order, five thousand five hundred dollars,, with eight per cent, interest, payable annually. Value received. Payable at Henry…
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