Max v. Schlenger

The opinion of the court was delivered by

Case, J.

This is an appeal by the plaintiff from a judgment of nonsuit rendered by Judge Smith in the Essex County Circuit Court in an action on a written undertaking by the defendants to guaranty the payment of certain promissory notes, and renewals thereof, upon which plaintiff was an endorser.

Louis Schlenger was the brother of defendants and the son-in-law of the plaintiff. He conducted a business under the trade name of Central Auto Supply Company and was in financial difficulties. He owed the defendants money, and the defendants threatened action.…