Colonial Beacon Oil Co. v. Jones

The complaint alleges that defendants Lewis, in writing, guaranteed payment for merchandise sold by the plaintiff to the defendant Harold F. Jones; that plaintiff sold said merchandise to said Jones; that an account was stated between the *827plaintiff and Jones in the sum of $402.75 and that “ such statement is in the form of a demand note.” It further alleges a balance due the plaintiff of $249.79 with interest.

The defendant Fred E. Lewis urges that the acceptance of the demand note paid the indebtedness, changed the form of the indebtedness and released him as guarantor.

The complaint alleges…