Fuller v. Bennett

This action is brought upon a promissory note, dated March 14, 1876, payable one year from date to-Jacob Held or bearer, and signed by John Duane and the-defendant. . Duane was principal in giving the note and defendant was his surety, though the fact did not appear on the face of the instrument. The suit was begun November 27, 1882, and Duane had died previous to that date. On the-trial the plaintiff put the note in evidence and rested his case. The defendant called the payee of the note as a witness, who-testified that the note remained in his possession until after it fell due; and he then…