Pincus

On the 21st of June, 1865, the defendants Aaron & Bro., made their promissory note for two thousand one hundred dollars, payable to the plaintiff one day after date, with interest from date, until paid. The defendant Eosenberg indorsed the note, before its delivery to the plaintiff, with the intent to become bound as guarantor for the debt. "When the note matured and became payable, there was no demand on the makers for payment, nor any protest for nonpayment, nor formal notice to Eosenberg that the note remained unpaid. In order to excuse the want of demand, protest, notice, the complaint avers in substance, that the note was given to secure an antecedent debt due from Aaron & Bro. to the plaintiff; that Aaron & Bro. desired an extension of the time for payment; and Eosenberg agreed, if the plaintiff would extend the time, he would indorse their note for the amount, payable at a future day; to which arrangement the plaintiff consented, and thereupon the note was made, executed, indorsed and delivered; that at the date of the note and when it matured, Aaron & Bro. were nonresidents of this state; that the note was made, indorsed and delivered on the day of its date in the city of…