Burdick v. Kenyon

The plaintiff sued as administrator c. t. a. of Robert N. Langworthy, upon a promissory note given December 21, 1887, by the defendants Kenyon and Chapman, as principal and surety, averring -promises to the testator, and the defendants pleaded the statute of limitations. The plaintiff replied by averring a promise within six years to himself. The defendants joined issue, and the case went to the jury, resulting in a verdict for the plaintiff. The defendants move for a new trial upon the ground that the replication was a departure from the declaration, as stated above, and also upon the ground…