McCord v. Mechanics' National Bank

Mi’. Justice Dickey

delivered the opinion of the Court:

This was an action of assumpsit, by the hank, against McCord. The declaration set up the execution of a promissory note by Bobbins, dated October 1, 1872, promising to pay to the order of McCord, on or before January 1, 1874, $1000. with interest; that McCord then and there sold or delivered to plaintiff the note, and, at the same time, executed a guaranty of payment to he made on June 9, 1874.

To this count defendant, McCord, pleaded that the guaranty was not made when the note was made, but in December, 1873.

To this there was a special…