Madhavan Nair, J.

1. The short question for consideration in this Letters Patent Appeal is whether the plaintiff-appellant is entitled to get a decree for the suit amount against defendant 2 along with defendant 1. The plaintiffs suit was for the recovery of the money due under a promissory note executed by defendant 1. Under Ex. B 1, a letter, defendant 2 guaranteed the payment of this promissory note debt. In it, he stated as follows:

Kuppuswami Chatty...who executed a pro-note on this date in your favour for Rs. 380 will pay you the principal and the interest amount thereof within three months time. If he does not so pay, I shall have the note assigned to ray name and pay you the principal and interest.

2. As the money was not paid either by defendant 1 or 2, the plaintiff instituted the suit out of which this Letters Patent appeal arises against the two defendants and obtained a decree against both of them in the District Munsifs Court of Tiruthuraipundi. On appeal by defendant 2, the learned Subordinate Judge of Tanjore set aside the -decree so far as it affected him and this decree was confirmed by Wallace, J. It was alleged in the plaint that when defendant 1 did not pa