Lawrence v. Sample

Black, C.

Christiana Underwood, executrix of the will of John Underwood, her deceased husband, brought suit in the Tippecanoe Circuit Court against David McBride and the appellee, John Gr. Sample, upon a joint promissory note made by said defendants to said John Underwood.

McBride, upon whom there was due service of summons, was defaulted. Sample appeared and answered in two paragraphs: First. Payment by McBride. Second. That McBride executed the note as principal and Sample executed it as McBride’s surety, which fact was well known to the payee and to the plaintiff; and that the plaintiff…