National City Bank v. Whittier

1. The consideration for the execution of a note by one as maker may flow to a person other than the maker. The mere fact that upon the execution of a note by a number of persons as makers the money for which the note was given was, by consent of all the obligors, paid to some of the obligors only does not, without more, authorize an inference that the debt represented by the note is that solely of the persons to whom the money is actually paid, and that the obligors on the note to whom the money was not paid were sureties only for the other obligors.

2. In order to establish as a fact that…