La Boon v. Wright & Locklin

This was a suit upon a promissory note signed by the plaintiff in error and his tenant. The note contained a retention of title to the property sold (a mule), as security for the debt, and was not recorded within the time required by law. The defendant La Boon pleaded that he signed the note as surety only, and that he had been released by the failure of the plaintiffs to record the instrument within the proper time. After the introduction of evidence by both parties the court, on- motion of counsel for the plaintiffs, directed a verdict in favor of the plaintiffs, and the defendant excepted.…