Arnold v. Darby

1. Where a petition in a suit to recover on a note against one of its makers, who executed it ostensibly as a surety, his signature being upon the back of the note, was brought in two counts, in one of which the defendant was sued as a surety and in the other of which he was sued as a principal, and the defendant admitted that he was a surety upon the note, and thereby admitted a prima facie ease under the first count of the petition, and denied that he had executed the note as principal, and where, in answer to the first count of the petition, he pleaded, as a discharge of himself as surety,…