Brown v. Shelby

Shelby sued Brown and Brown upon a promissory note for $135, executed by them to him on the 25th day of March, 1889, payable on the 25th day of December, 1889, with interest at six per cent, and attorney’s fees.

The defendants answered, admitting the execution of the note, but alleged that it was executed by the defendant William W. Brown as principal and Calvin F. Brown as surety, and that it was given for the purchase of a mare from the plaintiff by one James Brown ; that, as part of the consideration of the note, plaintiff expressly warranted the mare to be well and sound in every…