Spurgeon v. Smitha

The appellant’s complaint is founded on a promissory note executed by the appellees. The second paragraph of the answer of the appellees avers that they executed the note as the sureties of William R. Smitha; that the appellant knew the capacity in which they executed the note; that their principal paid him two hundred and forty dollars ; that the appellant thereupon reloaned the remainder of the sum due him to William R. Smitha, without the knowledge or consent of the appellees.

The second paragraph of the answer avers the fact of surety-ship and the appellant’s knowledge, and also avers that…