Carson & Canole v. Clark

This was an action of debt on a bill, single obligatory. Clark, the defendant, pleaded a plea, that in the bill single, &c., he was only security for on'e Lucas, and that, in pursuance of the statute in such cases made and provided, he had given notice to plaintiffs to commence their suit against Lucas, which was not done in due time, &q.; and a plea of payment was pleaded by Lucas, the principal in this case. On both these pleas, issues are taken to the country. On the trial of the issue taken by Clark, his counsel moved the Court to instruct the jury, that unless the plaintiffs produced the…