Aven v. Singleton

In my opinion the demurrer to the declaration was properly sustained. The declaration is predicated upon the fact that the plaintiffs are the holders in due course of the notes and sue upon them as such holders.' Plaintiffs and defendants were joint makers, and when the notes were paid hy the plaintiffs they were transferred to them. The suit is not for the entire amount of the notes, but for the pro rata share of the defendants, based, however, upon the fact that plaintiffs are the holders in due course of the notes.

It is the contention of the appellants, as shown by their brief, that they…