Brown, Plaintiff in Error, vs. Curtiss, Defendant in Error

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the guaranty executed on the back of the promissory note was enforceable and not within the statute of frauds because the consideration was distinct from the maker's debt. The court rejected the defenses of lack of demand, notice of non‑payment, and the applicability of the statute of frauds, emphasizing that the guarantor's obligation was absolute and not conditional. A concurring opinion argued that notice of non‑payment should be required to charge a guarantor.