Burge v. Dishman

Dishman sued Burge and Fox before a justice of the peace. The cause of action was a promissory note for a sum of money payable at a particular time. The process was returned “not found” as to Fox. Burge filed two special pleas before the justice in substance alike. They allege that Burge executed the note with Fox as his surety; that, at the time of making the note, it was agreed by Dish-man, Fox, and Burge, that Fox, within a week, should give Dishman another note with surety for the same debt, and that Dishman, upon his doing so, should give up the note secured by Burge ; that this…