Spurgin v. Traub

On the 5th day of February, 1870, William Spurgin, the appellant, having a claim against Louis Traub and one Her-big, who were in partnership as brewers, of about $800, for a car load of malt sold to them, which they had made default in paying, it was agreed between Spurgin and Traub that if the former would extend the time of payment of the claim, and sell and deliver to Traub & Herbig another car load of malt for $800, Traub & Herbig would make their two notes, for $800 each, to Spurgin, payable at certain future times, and that Traub and his wife, Maria Traub, to secure the payment of the…