Duncan v. Samuel M'Neill & Co.

This action was brought under the Act of 1850, in relation to pleadings, by the defendants in error, against J. Thomas and William L. Duncan,, upon a promissory note made by Thomas, payable to Duncan, by whom it was indorsed to one Stricklin, who indorsed it to the plaintiffs below.

The first objection to the judgment below is, that the court sustained a demurrer to the plea in abatement of the defendant Duncan, setting up that Stricklin, the last indorser of the note, was not sued in the action. There is no error in this. The plaintiff had a perfect right to waive his action against the last…