Massell v. Prudential Insurance Co. of America

Felton, J.,

concurring specially. As against the demurrers interposed I think that the petition sufficiently alleges that the defendants signed the notes as sureties. The only way they could have done so would have been by an agreement and the allegation is tantamount to an allegation that they were sureties by agreement. The evidence, however, fails to substantiate the allegation, and for this reason the verdict and judgment for the insurance company were not authorized.