Bebee v. Moore

OPINION OP

THE COURT.

This action is founded upon the following guaranty: “Quincy, January 23d, 1844. I hereby guarantee to Beebee & Brothers, of St. Louis, the delivery to them of eight hundred barrels of superfine flour, for account of D. G. Whitney, of this city, and to be manufactured at his mill, and to be sold by Beebe & Brothers, for his account; said delivery to be completed 1st of April next.” Signed by defendant.

The third count in the declaration states, “in consideration that the plaintiffs would, at the special instance and request of the said defendant, advance and pay to one G. D.…