Herod v. Snyder

This was an action by the appellee,, against the appellants, upon a promissory note not governed by the law merchant, executed by the appellants, Augustus W. Herod and William E. Herod, to W. H. Newby., and by the latter endorsed to Snyder.

The defendants pleaded by way of set-off’, in substance,, that William E. Herod was only a surety upon the note-; that the consideration of the note was a part of the purchase-money for” a hoi’se purchased by Augustus W.. Herod from Newby; that Newby warranted the horse to» be sound, whereas he was unsound; that afterwards, said:’ Augustus W. sued Newby for…