Bryant

Appeal by the defendant from a judgment entered upon a complaint "which asserted a claim for the principal sum of two thousand dollars alleged to have accrued on an instrument of guaranty.

[1] In the, month of October, 1915, appellant, as the agent for George A. Bryant, negotiated with respondent for a loan of ten thousand dollars. This loan was made and a mortgage was given to the bank on real property owned by George A. Bryant. The note and mortgage bore date October 16, 1915. However, the respondent bank declined to make the loan on the note and security offered by George A. Bryant, but insisted as a condition to the making of the same that appellant guarantee payment of the debt to the extent of two thousand dollars. Appellant agreed to do ' this and executed the guaranty sued upon, which was dated the fifth day of November, 1915. It was after the execution of this contract by appellant that the bank paid over the money agreed to be loaned and accepted the several papers hereinbefore mentioned. One of the points made by appellant is that there was no sufficient consideration for the contract of guaranty and that the obligation thereof must fail because it was not entered into…