Garroway

The complaint states a cause of action to recover judgment against the two defendants. It alleges that the defendant Jennings became indebted to Lantz, Plyatt, and Garroway in the sum of $972.66 for services as her attorneys in two certain actions, in one of which a judgment was recovered in her favor for over $7,000, that thereafter she assigned the judgment to the defendant Davis, who, in' consideration of said assignment, promised his codefendant that he would pay the said attorneys’ fees due to the said Lantz, Hyatt, and Garroway, and that said parties before the action was begun assigned the claim against said defendants to the plaintiff.

To this complaint the defendant Davis separately demurred. The sole ground of demurrer is that the complaint seeks to charge Davis with the debt of Jennings upon an undertaking not in writing. The basis of this objection is that the contract alleged against Davis was a contract of suretyship or guaranty which is invalid unless made in writing and signed by the party to be charged. This principle docs not apply to contracts of the character alleged in the complaint. It was not a contract to guarantee or become surety for the obligation of…