Bowers

Plaintiff brought this action to recover from the defendant $12,529.92 upon a contract of guaranty executed by her in its favor.

The trial was had before a jury, and at the close of the evidence the court, over plaintiff’s objection, instructed the jury to return a verdict in favor of defendant, which was done, and judgment entered thereon.

Plaintiff moved for a new trial, which was denied, and from the order denying said motion and from the judgment it appeals.

The contract of guaranty upon which the action is brought is as follows:—

It was admitted upon the trial that the letters “B-L” were intended by the parties to mean “bill of lading.”

It appears from the evidence, that the Haight Fruit Company, after the execution of such contract of guaranty by defendant, and its delivery to plaintiff, made at different times drafts in favor of plaintiff, upon the respective parties to whom in the various cities of the United States consignments of oranges were shipped; that each of said drafts had attached to it the bill of lading of the particular consignment for which it was drawn on the consignee, and all said drafts ‘ were drawn on a printed form used by the Haight Fruit Company,…