Bowers v. Williams

Williams brought suit in a justice’s court against *780Bowers and Fowler, as joint makers on a promissory note for'$5. The defendants interposed a plea under oath, in which they set up that the note sued upon represented the balance of the purchase-money of a certain horse traded by the plaintiff to them, “guaranteed and warranted by the plaintiff to be sound,” and that the plaintiff in said trade “promised and expressly agreed” that the horse could be returned if found to be otherwise; “that plaintiff knew at the time of taking the note in question, and the other consideration for the horse, and…