The declaration in this case having been amended, it now comes before the court on an agreed statement of facts. The main objection relied on is, that the defendant’s guaranty was a stipulation to be collaterally responsible to the plaintiffs for the payment of goods sold to her son, on six months’ credit; that the plaintiffs took the notes of the son, in some instances, at six months ; that such notes operated as a payment and discharge of the debts for goods sold, and so the defendant is not liable on her guaranty. It also appears that the notes remained in the hands of the plaintiffs, and had never been indorsed or negotiated.
The court are of opinion that this objection cannot pre
But this case, submitted to the court both as to law and fact, is not without evidence that the defendant so understood it. The first guaranty, dated July 13th 1839, recites the consent of the plaintiffs to sell goods to her son, on credit of six months, and guaranties payment of a bill of goods, then recently purchased, viz. on the 10th of July. And yet a note, one of the notes now in question, had then been given for the same goods, which she, by reciting the contract, must be taken to have known. She then guarantied the payment for goods, though a note had been given for them, and recognized the understanding of the parties, that, in their dealings, taking a note was not intended to extinguish the debt for the goods sold, till payment of the note.
We think there is no ground for the objection, that the notice to the defendant was not sufficiently full and precise,
[After this opinion was delivered, the parties agreed on the sum for which judgment should be rendered.]
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Hubbard, J. did not sit in this case.