Samuel Blatchford

“ Pending the negotiations for such new contract, and before said Murphy became surety on the new bond, he inquired of George Wilkinson, who was the agent of the plaintiff, to negotiate the new agreement, in regard to the past business and the object of the new bond, and said Wilkinson informed him, in substance, that said Crockwell & Bassett had done well; that the business was satisfactory to the plaintiff, and the plaintiff was about to give them a new contract, under which they would get a larger per cent. and have a better opportunity to make money. ”

“ It is also urged that Streeper and Murphy are not bound for the payment of the notes made or guarantied by the consignees, and that their obligation was discharged when those notes were made or guarantied. But it appears clear to us that the condition of the bond is that the consignees shall pay all money which shall become due by their notes or their indorsements, or otherwise, (the agreement making the indorsement a guaranty of payment.) Language could hardly be stronger or more full. ”

“ By the agreement, when the fixed commissions are deducted from the retail prices of sales, the rest belongs to the plaintiff; and Exhibit A shows the retail price of each machine sold, as reported by the consignees, and how much they retained beyond what they were entitled to retain as commissions, and Exhibit B shows the price of each attachment sold to the consignees. The Exhibits, in connection with the complaint, make the matter definite. ”