Moriarty v. Weiss

O’NIELL, Chief Justice.

The plaintiffs are suing to collect nine promissory notes for $3,500 each, plus the stipulated interest and attorney’s fee. The notes were signed and issued by one Samuel J. Dessalles, but the obligation to pay the notes was assumed afterwards by Sol Weiss, who is the defendant in this suit. He pleaded in defense of the suit, that his assuming of the obligation was for the protection of Dessalles only, and not for the benefit of any holder or owner of the notes; that he assumed only a contingent or conditional obligation, dependent upon the condition that Dessalles…