Rodabaugh

Plaintiff recovered judgment against defendants Kauffman, Goldschmidt Bros., a copartnership, and Max and Herman H. Goldschmidt, individually, upon a promissory note for $5,000 executed by defendant Kauffman and upon the written guaranty of Goldschmidt Bros., a co-partnership, and Max Goldschmidt, executed by Max Goldschmidt as one of the partners and individually. Plaintiff also recovered judgment against defendant American Steel Pipe & Tank Company for $1,550, the balance found due on its written guaranty of payment to the extent of $2,500, which guaranty was executed on the same day but immediately following the execution of the note and as a part of the same transaction. Max Goldschmidt defaulted, and the defendant Kauffman, the defendants Goldschmidt Bros., and Herman H. Goldschmidt and the defendant American Steel Pipe & Tank Company separately appeal from the judgment against them.

The facts are that on September 15, 1916, the defendant Kauffman executed his promissory note in favor of E. Milton Greene, of whose estate plaintiff is the executor; that at the same time Max Goldschmidt made an unconditional guaranty of payment, by indorsement on the back thereof, on behalf of…