Whittlesey v. Heberer

Action by the appellee against the appellant-on a joint and several promissory note, payable to the plaintiff and executed by the defendant and one H. W. Bippus, the death of Bippus being averred. Judgment for the plaintiff. The defendant answered as follows:

“ Second. Por further answer, the defendant says that the note sued on was executed by Henry W. Bippus as principal, and that this defendant, at the request of Bippus, signed the same as his surety, and not otherwise; that no part of the consideration thereof was received by him; that the said Henry W. Bippus has since died, leaving an…