Union Indemnity Co. v. Goodman

The appellee sued appellant on an absolute written guaranty that designated notes by Shelburne would be paid at maturity.

Defendant demurred on grounds that said notes had not been duly or properly presented for payment. The court overruled the demurrer because such presentation was not essential to such contract obligation to pay by an absolute guarantor. Appellant declined to plead further; judgment was entered against defendant.

Thereafter motion was made to set aside without any showing of the nature and facts constituting a meritorious defense. The appellant concedes that, upon failure of…