Altfillisch v. McCarty

Plaintiff brought his action against defendants to recover on a certain promissory note. The note was made by defendant McCarty, payable to the order of defendant *204Smith, and was by Smith indorsed in blank before maturity, and so indorsed was delivered and transferred to De Smet National Bank, and thereafter plaintiff acquired the same, paying value, but after the maturity thereof. Judgment was rendered against the defendant maker, M'cCarty, by default. The defendant Smith answered that his taking of the note as payee and his indorsement thereon were entirely without consideration, and solely…