Johnson v. Downs

The judgment of the court was pronounced by

Etjstis, C. J.

This suit is brought on a promissory note for $6000, dated June 18th, 1836, and payable twelvemonths afterdate. It is drawn by Thomas Short and Francis Routh, to the order of B. Marshall, and is by him endorsed ; it also has the endorsements of W. B. Fort, S. W. Downs, and RobertUaile. The present suit is against the third endorser, S. W. Downs.

The defendant pleaded that the note sued on was given for the accommodation of Short, and that the endorsement was a mere suretyship, contracted by the endorsers in order to enable Short and the…