Zehner v. Kepler

Suit by K&pler against Zehner and Custer

The complaint contains two paragraphs. The first is upon a note made by the defendants to one Jacob Starr, and by him indorsed to the plaintiff. The second is in the nature of the common counts, for money had and received, and for goods sold and delivered. The defendants answered the •second paragraph by general denial. There was no denial *291pleaded to 'the first paragraph, but to that the defendants answered: First. That Zehner was principal and Ouster only surety upon the note. Second. That the note was given for a horse bought by Zehner of Starr, which…