Case v. Fishback

Judge Simpson

delivered tUe opinion of the Court

Joseph Case exhibited a bill in chancery in which he' alleges that he executed a note of eighteen dollars toFishback, as the surety of James A. Case, the note being, as he understood, for the price of a mare purchased by James A. Case from Fishback; that James A. Case never got the mare into his possession; that he believes she was taken by Fishback, after the sale, from the complainant’s farm where he had her at that time; that the note was executed for the price of the mare, and for no other consideration, and therefore, there was a total…