Smith v. Moberly

Judge Simpson

delivered the opinion of the Court.

In the year 1844 Scales applied to Mock to borrow from him the sum of one thousand dollars, and proposed to give Smith as his surety on the note for the payment of the money. Mock stated - that he was not well acquainted with Smith, but knew Moberly well, and would consider him as sufficient security with or without Smith.

Shortly afterwards Scales presented to Smith, for his signature, a note for one thousand dollars payable to Mock, two years after its date, which note he had signed as principal; and it was signed by Smith, with the express…