Exchange Bank v. Harper

1. A promissory noto, signed by two parties as makers, which, in the body thereof, provides, “We promise to pay to the order of ourselves” a stipulated sum of money-upon a certain date, etc., is a joint, and not a severable, obligation of the makers. This is true notwithstanding that elsewhere in the -note certain waivers as to homestead, exemption, and bankruptcy, and as to notice of protest, are made by “each” party to the note, “whether maker, indorser, surety, guarantor or other party,” and notwithstanding that the note provides that the bankruptcy or insolvency of “either of the parties”…