Horace Gray

“ But a guaranty written upon a promissory note, after the note has been delivered and taken effect as a contract, requires a distinct consideration to support it; and, if such a guaranty does not express any consideration, it is void, where the statute of frauds, as in Alabama, requires the consideration to be expressed in writing. ”

“ By the statute of frauds of Alabama a special promise to answer for the debt, default, or miscarriage of another is void, 'unless such agreement, or some note or memorandum thereof, expressing the consideration,' is in writing, and subscribed by or in behalf of the party to be charged. ”

“ It was argued in behalf of the original plaintiff that the validity and effect of the guaranty must be governed by the general commercial law, without regard to any statute of Alabama. But there can be no doubt that the statute of frauds, even as applied to commercial instruments, is such a law of the state as has been declared by congress to be a rule of decision in the courts of the United States. ”