Starret v. Burkhalter

— The complaint in this case was by Charles Starret, against Moses A. Lentz and Edward Burk-halter, on a promissory note for five hundred dollars, dated September 25th, 1869, and payable one day after date, with ten per cent, interest.

The only defence set up by Lentz was that of payment. Burkhalter answered separately, in two paragraphs :

1. . Admitting the execution of the note, and averring that he sigued the same only as surety for his codefendant, Lentz,, which fact was well known to the plaintiff; that, although the note was payable one day after date, it was agreed and understood between…