Heard v. Tappan & Merritt

1. Upon the trial of an action on a promissory note it appeared that after the instrument, which included the note and also a conveyance of property to secure the payment of the same, had been signed by the defendant as surety and by another as principal, the latter, who owned the property so conveyed, procured, without the consent of the surety or the payee, the signatures of two persons, one of whom was a justice of the peace, to the instrument as attesting witnesses, the attestation not 'being limited to the signature of the principal. Held, that it was not erroneous, as against the surety…