Homewood Peoples Bank v. Cull

Opinion by

Porter, J.,

This is an action of assumpsit to recover of the defendant as surety the amount due upon a Aonnegotiable note. The court below entered judgment for want of a sufficient affidavit of defense and the defendant appeals. The note was made by Nora O’Connor payable to the order of the defendant, who assigned the same, by contract in writing, and did “guarantee payment of same at maturity.” The affidavit of defense did not deny the existence of the full amount of the debt indicated by the note, nor did it aver that any part of said debt had been paid.

The note contained a warrant…