Guild v. McDaniels

The opinion of the court was delivered by

Horton, C. J.:

On the 1st day of April, 1880, John Guild executed a promissory note to the order of J. S. Springer, for $325, payable twelve months after date, with interest at the rate of twelve per cent, per annum. J. R. McDaniels, at the request of Guild, signed the note as a joint maker, but he was in fact only a surety; it was then delivered to J. S. Springer, *549the payee. Subsequently J. R. McDaniels died, and Cynthia E. McDaniels was appointed and qualified as administratrix of his estate. Afterward J. S. Springer informed Mrs. McDaniels that he…