Clevenger v. Curry

This was an action hy Clevenger against Berry and Curry, upon a joint and several promissory note made hy the two latter to the former, dated March 8, 1873, for $100, payable six months after date, with an agreement, if not paid at maturity to pay at the rate of twenty-five per cent per annum, from maturity, as liquidated damages. There was an indorsement on the note of one dollar, received September 30, 1873. A verdict and judgment were rendered against the plaintiff, and he appealed.

Curry set up, in defense, that he was surety upon the note, and that Berry had paid Clevenger one dollar for…