Second National Bank & Trust Co. v. Pittenger

Lawrence, S. C. C.

This is a motion to strike the complaint in this suit on the ground that the maker of the promissory note on which recovery is sought has not been made a party defendant. It is laid against the endorser alone, and the theory seems to be that, since the maker is primarily liable and the endorser secondarily so, as between themselves, the complaint does not set forth a proper cause of action.

The plaintiff bank, it is urged, should have either first sued the maker and exhausted its remedy in that direction, or the suit should have been instituted against the maker and endorser,…