Murphy v. Hubble

Opinion op the Coubt by

Judge Marshall:

This case was formerly before tbe court on. tbe appeal of Hubble, against whom Murphy bad obtained a judgment on a note- in which Hubble was the surety of Lyon. Tbe opinion of the court reversing tbe judgment is reported in 1 Duv. 278 *147The judgment was reversed for the omission to credit or deduct a small sum, which the plaintiff had admitted to be usury, embraced in the note. But as the opinion states Hubble pleaded, in substance, that he executed the note upon the promise, assurance, and agreement of the plaintiff that he would also procure the signature…