Johnson v. Marshall

The defendants, sued as endorsers of a promissory note drawn by one Thomas Short and Francis Routh in solido, are appellants from a judgment condemning them to pay the amount thereof.

The defence set up is : that the note sued on is a security obligation, contracted with the plaintiff, by the defendants and other persons, as sureties for Thomas Short, for the purpose of enabling Short and the plaintiff to carry on their tavern at the bay of Pascagoula, as partners in that concern ; that the plaintiff, having been charged to liquidate the concern, cannot maintain this action, not having settled…