Morton v. Jones

Opinion op tiib Court by

Wm. Rogers Clay, Commissioner.

— Affirming.

The appellant, James I. Morton, was -surety on a note for $695.25, executed by J. W. Jones to the Eordsville Banking Company. Appellant paid the note. In June, 1903, appellee J. W. Jones was adjudged a bankrupt. Among the debts barred by the . bankruptcy proceeding was that owing to appellant. Appellant thereafter instituted an action in the Ohio circuit court against J. W. Jones to recover the amount he paid to the bank. This action was based upon a new promise made after the bankruptcy proceeding. In that action the appellant…