Kalmbach v. Foote

This suit was brought to recover back money paid without consideration.

It appears that plaintiff had been a surety on a guardian’s bond for Noah Tooley, guardian of Anna Tooley, and judgment was obtained against them on the guardian’s bond, which was reversed by this Court, February *237IS, 1889.1 Before the case was removed to this Court, defendant, who seems to have had or assumed control of the judgment, came with the sheriff to plaintiff’s store on November 14, 1888, and told him he was going to levy on Tooley’s property, which is shown to have been ample, and told him, unless he fixed the…