Murphy v. Hubble

This case was formerly before the court on the appeal of Hubble, against whom Murphy had obtained a judgment on a note in which Hubble was the surety of Lyon. The opinion of the court reversing the judgment is reported in 1st Duvall’s Kentucky Reports, page 278. The judgment was reversed for the omission to credit or deduct a small sum, which the plaintiff had admitted to be usury, embraced in the note. But, as the opinion states, Hubble pleaded, in substance, that he executed the note upon the promise, assurance, and agreement of the plaintiff, that he would also procure the signature of one…