Humphreys v. Crane

Heydenfeldt, J., concurred.

This was an action in the Court below upon a promissory note made by Crane, Yale, and Tompkins. Before suit was commenced, Tompkins died, and the suit was brought against Crane and Yale. Crane suffered a default, and Yale appeared and answered—First, that the defendants, Yale and Tompkins, had signed said note as sureties, and had made a memorandum upon said note to that effect upon the delivery thereof, which memorandum had been torn off for the purpose of charging them as principals or makers. Second, that he was only an accommodation indorser. Third, that said…