Donnelly v. Newbold

The appellants sued the appellee in assumpsit in the Superior Court of Baltimore City upon his written guaranty hereinafter mentioned. The declaration contained the common money counts and a special count on the guaranty.

The appellee pleaded nil debet, non assumpsit and, by way of further plea, that the guaranty declared on was a collateral one under which he as guarantor was entitled to prompt notice of the default of one Jacob A. Smith who was the principal debtor, but that he had not received such notice until nearly three years after the default, wherefore and because the plaintiff, in…