The digest of the decisions of the courts of Ohio from the earliest period to September 1st, 1913 Volume 4 by William Herbert Page

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. ... C; but as no notice was given A, he was not included, being but a nominal party, and could show that the judgment was valid and Woodward v. Moore, 13 O. S. 136, II Longsdorf's Notes, 601. A subscriber to a fund and a contemporaneous guarantor of its payment accepted as one instrument and on one consideration, may be sued as jointly liable. But they are jointly liable only as to the remedy, and not so that an alteration by adding or releasing a guarantor affects the debtor's Deming v. Trustees, 31 O. S. 41, III Longsdorf's Notes, 561. A guarantor of fulfilment of a contract, though on the same paper, may be sued without the principal Zerkle v. Price, 5 O. N. P. 480, 7 O. D. (N.P.) 465. See also Parties. For the general discussion of the subject of parties, see Parties. XIII. PLEADING. In suing the guarantor of the payment of a note the declaration must show that his indorsement was on a Greene v. Dodge, 2 O. 430, I Longsdorf's Notes, 137. A declaration that defendant warranted a borrower to be a respectable man of Tuscarawas county, named Adam Riggle, whereas he was not of that name or that county, whereby the loan was lost, is demurrable; for, if in assumpsit, the promise is collateral and conditional, and notice should be averred; if for deceit, an intent to deceive should be averred. Nor is the injury shown to arise from the Ban v. Beebe, 6 O. 497, I Longsdorf ' s Notes, 353. A guaranty of ultimate payment with costs means after prosecution of the maker and prior indorsers to insolvency. A delay of a term of court before suing the maker and indorsers, or any delay in issuing execution, will release the guarantor, hence the petition against him must aver the dates, else...