Menifee v. Clark

Suit by the appellee against the appellant and one Turpin, on a joint promissory note, executed by them to one Pierson, and by him indorsed to the plaintiff. Turpin made default. Menifee answered, that he executed the note, but did so only as surety for Turpin; that when the note became due, and before the assignment thereof to the plaintiff and without his knowledge or consent, it was agreed, by and between Pierson and Turpin, that, in consideration that Turpin should apply the money in his hands, to wit, four thousand dollars, in payment of the outstanding partnership debts of the late…