Butler v. Ford

This action is brought against the defendant as surety of Samuel Ford, jointly with whom he had signed a note for four hundred dollars, with ten per cent interest per annum from the 13th of June, 1835, the date of said note. The defendant pleads payment, and the prescription of five years. There was a judgment below in favor of the plaintiff, from which this appeal has been taken.

The note, on its face, appears to be a joint one, but to establish the suretyship, and recover the whole amount, an interrogatory was propounded to the defendant, which he failed to answer. It must, therefore be…