Commercial Credit Co. v. Cummings

This is an appeal from an order of his Honor, Judge Grimball, allowing the plaintiff to amend its summons and complaint and to enter up judgment against C.W. Cummings, under the circumstances which I shall detail.

The credit company brought suit against Cummings Motor Company and W.P. Cook upon a promissory note given by Cook to the Cummings Motor Company, secured by a chattel mortgage, and indorsed by the Cummings Motor Company to the plaintiff credit company, upon which a balance of $358.60 was claimed.

The Credit Company assumed, in error, that the payee and indorser of a note, Cummings…