Stewart v. Caldwell

This appeal is taken by the defendant, Daniel Hickey, from a judgment in which he has been condemned to pay the whole amount of two notes, one for $2,500 and the other for $550, to the plaintiff, who is the executor of James MeCalop.

*420The notes are signed thus: “ Caldwell & Eickey." One is dated in Decem-her, 1848, and the other in February, 1S49. Both were protested for non-pay-nient, and were taken up by McCalop>, who was the surety in the former note, and the endorser of the other.

It was Caldwell, who wrote the signatures of those notes. The ground upon which Eickey was held liable for the…