Atherton v. Toney

This was an action brought by the appellant against the appellees upon a promissory note for three hundred dollars. The complaint is in the usual form. The appellees filed separate answers, each alleging that Toney was the principal and Miller surety in the note. Toney pleaded in his answer, by way of. set-off, a note for three hundred and fifty dollars executed by the appellant to Solon Turman, and by him assigned to the appellee, Toney, before the commencement of the action, upon which there was due a sum more than equal to the amount of the note and interest sued on. To that answer, the…