Yeates v. Walker

JUDGE PETERS

delivered the opinion of the court :

Appellant held a note on the two Humes for upwards of $800, executed on the-day of ---, 1861, and due on the first of January next thereafter, upon which he made the following assignment: “Value received, I assign this note to Owen W. Walker, and if not paid I bind myself to pay it.” There is no date to this assignment.

On the 16th of February, 1863, appellee instituted a joint action against the payors and appellant as assignor of the note, and judgment having been rendered by default against him alone, he now seeks to reverse that judgment on…