Prather v. Zulauf

Zulauf sued Prather and Nixon on a promissory note, a copy of which was filed with the complaint. Nixon made default. Prather pleaded as follows: first, a general denial of each and every allegation in the complaint; second, that he never signed or executed the note sued on, nor did he authorize or direct the execution of the same; third, that no consideration whatever moved from the plaintiff to him for the execution of said note, and that he only signed the same as the surety of said Nixon, as the plaintiff knew; that the note was first dated November 1st, 1868; that it was, in fact, signed…