Richards v. Newstifter

The opinion of the court was delivered by

Johnston, C. J. :

C. F. Richards brought an action against J. E. Boyd and L. J. Newstifter to recover $102 on a promissory note. It had been given to J. *351P. Sherr, who, some time after maturity, transferred it to Richards. On the back of the note payments had been indorsed, and there was also a statement that “this note is by permission of surety extended twelve months. A. C. S.” In his answer Newstifter alleged that he signed the note as surety only ; that he had never received any of the consideration or benefits of the note, and that after the note…