Carpenter v. . Wall

A guaranty is a promise to answer for the payment of some debt, or the performance of some duty in the case of the failure of another person who is himself in the first instance liable to such payment or performance. Tell on Guaranties, 1; Smith on Mercantile Law, 277. The evidence shows that the defendant expressly refused to endorse. Did the words, "but they are good," which he appended to this refusal, amount to a promise that he would guaranty the goodness of the paper transferred? The judge left it to the jury to ascertain whether the defendant intended to bind himself as guarantor by…