Cathcart v. Thomas

Thomas and Denton as administrators of A. B. Denton, sued Jos. Cathcart before a justice of the peace of marión county on a note for two hundred and fifty dollars, executed by Isaac Denton as principal, and Jos. Cathcart as surety, payable to A. B. Denton. Jos. Cathcart signed his name as surety several years after the note was executed by Isaac Denton, the principal.

Jos. Cathcart resisted a judgment upon the ground that there was no valid • consideration for his promise to pay the note. To show a valid consideration for the promise, the administrators proved that Cathcart admitted that “he…