Noble v. Blount

Philips, C.

This is an action by respondent, who was plaintiff below, against the appellant, who was defendant below, to recover for balance due on a promissory note executed to her by appellant. The answer admitted the allegations of the petition. The contention in the case is over the second count.of the answer, in which the defend*236ant pleaded, in substance, that after making the note sued on he became surety for plaintiff on a note executed by them to one Samuel Dysart, for $400. The answer further alleged that defendant derived no benefit from the last named note; that on the 9th day of…