Bratten, Admr. v. McKelvey

This was an action on a promissory note and to foreclose a mortgage securing it. The plaintiff, appellant here, was the administrator of the holder of the note; the defendant, Stephen B. McKelvey, was the sole maker and the defendant, Robert P. Hays, appellee here, was the payee and endorser in blank of the note to plaintiff’s decedent. Hays demurred to the amended petition, the demurrer was sustained and final judgment for Hays was entered. Prom this action this appeal on questions of law was taken by plaintiff.

The ground of the demurrer was that the amended petition did not state a cause of…