Cundiff v. McLean & Miller

Reeves, Associate Justice.

This suit is brought by William II. Cundiff to recover the amount of a promis*392sory note, given by William McLean and John C. Miller to Sorley, Smith & Co., for $610, and by them transferred to Cundiff, as he alleges in his petition.

Two grounds of defense are relied on to defeat the. action : 1. Failure of consideration. 2. A discharge of the liability by payment of the claim for which the note was given.

In support of these grounds it is contended by counsel for appellees “that the note was given by William McLean, with John C. Miller as his surety, in consideration of…