Long v. Potts

BRANNON, Judge:

Charles Amos Long brought assumpsit against W. F. Potts, Alex Plart and Justice Ealdn on a promissory note made by' Potts, and Ealdn. Much oral evidence was produced. IJpon a demurrer by the plaintiff to the defendants’ evidence judgment was for the plaintiff.

Hart and Eakin pleaded non assumpsit and a special plea. This special plea avers that on the day when the note was executed, and before and at the time it was executed, it was agreed between Long and Ealdn and Hart that if Eakin and Hart would execute the note as sureties for Pot-ts at twenty days that within that time…