McMillin v. Deardorff

Black, J. —

In an action brought by the appellee against one Jerome Ruch and the appellant, commenced before a justice of the peace, upon a promissory note made by the defendants, payable to the plaintiff, dated March 28, 1895, and due nine months thereafter, the appellant answered that he signed the note only as surety; that on or about the 81st day of January, 1896, he served a notice in writing on the appellee as follows: “Jan. 31, 1896. Mr.-: Sue the note which I signed as surety for Rue, or I will not *429continue to be responsible as surety. A. B. McMillin.”

It is alleged that the name “Bue”…