Cummins v. Tibbetts

This was an action instituted by James Cummins on May 5, 1894, upon a guaranty in writing, a copy of which follows:

*319“In consideration of $15, I hereby guaranty the payment of a certain promissory note, dated November 22, 1886, payable two years after date, to J. Busacker, for the sum of $200, and said note being signed by Ira Tibbetts and James Cummins. I hereby charge my separate estate with the payment of said note, and the consideration of this guaranty, having been given for the use and benefit of my separate estate. Betsey Tibbetts.”

There is no controversy over the facts. On November 26,…