Mix v. State Bank

The bank instituted a joint suit against the maker, and. indorsers of a note, as follows:

“ $1,948. Lafayette, Indiana, May 3, 1856.

“ Three months after date, I promise to pay to the order of Benbridge and Mix and James Spears, nineteen hundred and forty-eight dollars, at the American Exchange Bank, New York City, without relief from valuation or appraisement laws, for value received. James Mix.

“ Pay State Bank of Indiana, or order,

“ Benbridge and Mix, and James Spears.”

There is no averment in the complaint showing legal diligence in attempting to collect the note of the maker; nor is there…