Griffiths v. Herzog

The defendant below, Griffiths, contended that the guaranty stamped upon the back of the note was put there after he signed his name thereon; that consequently he was an indorser only, and entitled to notice of its non-payment; that if he was an assignor he is not liable, because the note could have been collected from the maker, Bradley, if collection had been prosecuted with due diligence. Two questions of fact were thus presented. Each has been found against plaintiff in error, Griffiths.

We can not say that the evidence is such that the court should have found otherwise as to either. If…