Virden v. Ellsworth

Ellsioorth sued Eord and Virden, upon an instrument in writing, executed by Eord, for the payment of rent, and a guaranty thereon by Virden.

The complaint is against Ford, upon the writing, and avers the non-payment, by him, of rent as stipulated; and against Virden, upon the indorsement thereon signed by him, and which, it is averred, was executed on the same day, and in consideration that Ellsworth would deliver possession of the premises to Ford, and is in these words, to wit:

“For value received, I guaranty the payment of the rent, as stipulated by said Ford, in case of non-payment, by him.…