Howth v. J. I. Case Threshing MacH. Co.

This suit was instituted by the J. I. Case Threshing Machine Company against Henry Miller and C. W. Howth on a promissory note executed by defendants, payable to plaintiff, and to foreclose a chattel mortgage lien on certain farming machinery for which the note was given. No service was obtained on defendant Miller, and the suit as to him was dismissed.

The defendant Howth, among other defenses, plead discharge from liability on the note for this: That he was an accommodation maker or surety for Miller, the principal obligor, which fact was well known to the plaintiff, and that after the…