Hayter v. Dinsmore

The opinion of the court was delivered by

Hopkins, J.:

The question presented here is whether a petition to recover from the indorser of a nonnegotiable promissory note stated a cause of action. A demurrer to plaintiff’s petition was sustained, and plaintiff appeals.

*750The petition had attached a copy of the note in question which stated upon its face that it was for 133 shares of the Farmer’s Oil, Ice and Supply Company, of Maxwell. It was executed.by George T. Dinsmore and payable to Adamson. On the back it was indorsed, “B. E. Adamson, A. W. Smith. Without recourse.” The statute provides that—

“I…