Chorn v. Merrill

The defendant, Merrill, who is tho maker of the note sued on, has no other defence except the allegation, unsustained by evidence, that the note is the property of another person. The appeal therefore on his part, must be considered as frivolous.

The other defendant, Mrs. Braekin, is sued as endorser, and pleads want of notice to her of the non-payment of tho note.

This defence cannot avail, because in the form in which her name appears on the note, her obligation was that of a surety. The note is made payable to the *534order of the plaintiff, and not having been endorsed by him, the obligation…