Lewis v. Small

Action by an indorsee against an alleged guarantor on a promissory note. After a verdict for plaintiff, defendant appeals from the judgment. The note in question bore date of March 1, 1921, was for $1,200, and ran to Hilmer & Fugle as payees.

By appropriate indorsement, Hilmer transferred his “undivided one-half interest” to Fugle. Following that indorsement, there appears the following:

“Pay to the order of “W. E. Small

“Payment guaranteed

“M. P. Fugle

“W. E. Small”

Plaintiff’s theory was that when defendant signed his name under that of the preceding indorser, Fugle, he adopted the express…