McConnon & Co. v. Kirby

The suit is upon a guaranty bond given by defendants to secure a-present indebtedness and establish a line 'of credit for one J. H. Ott. Ott is not one of the obligors or makers of the bond, but the party to whom the consideration moved. For the purposes before us, the relation between him and defendants was that of principal and surety. The questions here presented relate to the sufficiency of special pleas 3, 4, and 5, as against the grounds of demurrer assigned thereto.

Plea No. 3 is a general plea of non est factum, except it avers, in the alternative, that no one else was authorized to…