Schmied v. Frank

Morris, C.

The appellee sued the appellant, as the endorser of a note, executed by James P. Schmied to the áp*251pellant, and by him sold and transferred to the appellee by endorsement.

The complaint contains three paragraphs. The first alleges the making and transfer of the note by the appellant to the appellee. It also avers that the note was sold and endorsed to the appellee after it became due; “that said James P. Schmied then was and still is wholly insolvent, having no property subject to execution.” A copy of the note and the endorsement is filed with and as part of this paragraph.

The second…