Gibson v. Parlin & Orindorff

Lake, Ch. J.

This is a petition in error to reverse a judgment of the district court for Douglas county. The action was upon a promissory note on which the plaintiff in error was accommodation indorser, and had waived in writing demand, protest, and notice of non-payment.

The only questions presented for our consideration are two, and they were raised by the ruling of the court below upon a demurrer to the alleged grounds of defense, which were in substance: First, that when the note matured the makers were solvent and its payment could have been enforced from them; that the defendants in error…