Bowman v. Carithers

Bowman held a note made by Kirkpatrick and brother, and Carithers as their surety, dated in 1857, due in eight months after its date. In 1868, Bowman sued Carithers on the note, and Carithers, in satisfaction of the claim, paid Bowman one hundred and ninety-seven dollars. This action was brought by Carithers to recover back the money thus paid. He alleges, in his complaint, that the note had been paid years before, but Bowman represented to him that it had not been paid, but was still due; that he relied upon this statement, and paid Bowman said amount, and took up the note, and Bowman…