Mr. Justice Swayne delivered the opinion of the'court. Ón the 23d of February, 1875, Burkhardt, the defendant in error, executed, for the benefit of John Cinnamon, an instrument to the bank whereby he stipulated “ to guarantee -and make good to said bank any sum or sums which may hereafter be held against the said John Cinnamon, to an amount not exceeding $5…
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