Smith v. Douglass

Douglass sued Smith before a justice of the peace, in February, 1853. He recovered judgment for $5, and Smith appealed to the circuit court. The cause was heard by the circuit judge on the following evidence: the plaintiff proved by Tally that he sold Smith a quantity of corn for $5, but refused to let him take it away until payment was secured. Smith then asked Douglass to go security for him, and he agreed to do so. In May, 1852, Douglass paid witness for the corn; and in July following, witness heard Smith promise to pay Douglass the amount thus advanced. The defendant then proved by the…