Rodenbarger v. Bramblett

The error assigned is, that the complaint does not state facts sufficient to constitute a cause of action against the appellant.

The complaint shows that the appellee became surety for Noah Rodenbarger and one Witty, upon a promissory note made by them to William P. Swain, for the price of a horse, sold and delivered to them by Swain; that Witty afterward sold his half interest in the horse to the appellant, John Rodenbarger, who, in consideration therefor, “agreed to and with said Witty to assume and pay off said note to said Swain; ” that Swain endorsed the note to George W. Jacks, who…