Supreme Court of Iowa October 19, 1864 (Kephart v. Butcher)

DilloN, J.

There is no claim made in the petition against the defendants, based upon their parol guaranty of the Woodruff note. The finding of the court, therefore, “that the defendants, at the time of the exchange of notes, agreed orally to guaranty the payment of the said Woodruff note,” cannot be made the basis of a distinct liability, on the part of the defendants, even if it be conceded that