Underwood v. Sample

— This was a suit by Christiana Underwood, executrix of the last will of her late husband, John Underwood, deceased, against David McBride and. John G. Sample, upon a pi'omissory note for $6,000, executed by the said McBride and Sample to the said John Underwood, on the 1st day of June, 1869, and payable five years after date.

McBride made default. Sample answered in two paragraphs :

*4471. Payment by McBride, before the commencement of the suit.

2. That he signed the note only as surety for McBride; that on the 9th day of April, 1873, more than a year before the note became due, the plaintiff, as…