Busjahn v. McLean

— This is an action upon a promissory note, executed by one Dunham, as principal, and Busjahn as surety, to Nathaniel Tilton, and endorsed by him after maturity to McLean.

Dunham suffered judgment by default, but Busjahn appeared and filed a plea of non est factum,, asserting that the note had been materially altered, after its execution, without his consent.

The cause was tried by the court, and resulted in a judg- . ment for the plaintiff. The only question presented by the appeal relates to the sufficiency of the evidence to support the finding.

*282It was proved at the trial that Dunham bought a…