Benson v. Paine

By the Court.*—Daly, F. J.

The plaintiff’s case, as set out in his complaint, may be briefly stated. He loaned to the defendants, Paine and Barrett, $5000, and after the loan took from the defendant Barrett his five promissory notes for $4050, payable at different periods, as security for the loan. Barrett having failed to pay the note, the plaintiff brought an action *29upon them and recovered judgment against Barrett. He now sues Paine and Barrett as jointly indebted to him in the sum of §4050, the amount of the notes, and demands judgment against them for that amount, with interest. The…