Stout, Exrx. v. Eastern Rock Island Plow Co.

Appellee filed a claim in the form of a promissory note for $4,561.39, with eight per cent interest from the date thereof, against the estate of Wallace W. Stout, deceased, pending in the Wabash Circuit Court. It was transferred to the trial docket, and Marshall Smith, whose name appears upon the note as a maker, was made a party defendant. Appellant answered by a general denial, and, by cross-complaint, alleged suretyship. Smith defaulted. Trial was had, resulting in a finding in favor of appellee against Smith as principal and this appellant as surety, in the sum of $3,379.02, which…