Howard v. Zilch

This is an action of contract in which the plaintiff seeks to recover $3,833.47, with interest thereon. The case was submitted to the Superior Court under a statement of agreed facts. The case is here on the plaintiff’s appeal from the order of a judge in the Superior Court that judgment be entered for the defendant.

We summarize the agreed facts. In April of 1956 the plaintiff became an accommodation cosigner on a note payable by the defendant Zilch to a bank. On or about December 3, 1956, the defendant was adjudicated a bankrupt in the United States District Court for the District of Massa…