Commercial Credit Co. v. Calkins

Commercial Credit Company, a Delaware corporation, plaintiff in error and plaintiff below, sued Calkins as endorser on a cognovit promissory note. Calkins, after the preliminary matters hereinafter mentioned had been dis posed of, filed an answer and counterclaim to recover certain moneys paid by him in the transaction and for exemplary damages; plaintiff lost his suit on the note and also on defendant’s counterclaim against him. Plaintiff brings error.

The note endorsed by defendant upon which plaintiff sought to recover contained therein and as a part of the note a waiver of service of…