Whitcomb v. Miller

— The first paragraph of appellant’s answer alleges that the note sued on was executed by him as surety for Will C.' Nichols, as the appellee knew; that prior to the time of the delivery of the note appellee had agreed with Nichols that he should execute his note with appellant and John Elliott as sureties; that pursuant to this agreement Nichols presented the note sued on to appellant and informed him of the agreement with the appellee; that relyingupon the agreement between appellee and Nichols that Elliott should sign, the appellant signed it; that Nichols afterwards' took *385the note to the…