Fullerton v. Hill

Opinion by

Strang, C.:

This action was brought by the plaintiffs, as plaintiffs in the court below, upon a promissory note executed to them by A. L. Dunnwoody and Mary J. Dunnwoody, and indorsed by the defendant, W. R. Hill. The action was also for the foreclosure of a real-estate mortgage, given by A. L. Dunnwoody and wife to secure in part said note. Hill answered, and alleged that at t'he time he indorsed the note he did so only upon the special agreement with the plaintiffs and the other defendants that, if he would indorse the note, they would, when od e-half the amount of said note was…