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Eaton (D) wrote a letter to Bishop (P), that if D's brother Harry needed more money that P should let him have it, and D will see that it is paid. A 200-dollar loan was arranged with Stark for Harry and D was informed that P was acting as a surety. D claimed he never received that letter. The note was in default and D assured P again that he would pay it if his brother did not and that it would cost P nothing. P paid over the money to Stark and D refused to pay P for his expenditures on the note and P sued. The trial court awarded the judgment to P. D appealed.

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