Union Collection Co. v. Rogers

This action was brought against Rogers Engineering Company, as principal obligor, and E. B. Rogers, as guarantor, to recover the sum of $575.69 and interest.

The defendant corporation was never served with summons and the action was dismissed as to it.

Judgment was recovered against defendant E. B. Rogers as prayed for.

This is an appeal by him from the order denying his motion for a new trial. He also took an appeal from the judgment, but such appeal has been heretofore dismissed because not taken within the time allowed therefor by the statute.

Plaintiff sued as assignee of the Buffalo Gasoline Motor Company, a corporation.

It is in substance alleged in the-, complaint, among other things essential to a cause of action, that the defendant Rogers Engineering Company, on the twenty-third day of March, 1906, was indebted to the Buffalo Gasoline Motor Company in the sum of $865.69, and on said day promised in writing to pay said Buffalo Gasoline Motor Company said sum of $865.69, and thereupon did pay thereon the sum of $290, and by said writing further promised to pay the balance of said indebtedness, to wit, $575.69, with interest thereon at the rate of six per cent per annum…