Baroch v. Greater Montana Oil Co.

The parties plaintiff and defendant at the trial and in this court have treated this as an action to recover on a promissory note and accordingly it will be so considered by us. All are joined in the one action alleged in one count. The only allegation as to the liability of individual defendants, including the plaintiff, appears on the back of the note under the legend: “Payment guaranteed,” followed by the signatures of such defendants and also plaintiff’s own signature. No question was raised by demurrer or otherwise as to the sufficiency of the complaint so that we shall raise none. The…