FELTON, J.
The only evidence introduced by Flanagan to prove that he signed the note as surety was that he got no benefit from the transaction, and that the money for which the note was given was borrowed and received solely by Fowler. The contention of the plaintiff in error is that, since he got no benefit from the loan, he was a surety, and that the plaintiff was bound to know it, etc. This contention was good, under many decisions, prior to the passage of the...
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