Cox v. Maddux

— Suit by the appellees against the appellant upon the following instrument, viz.:

“$800.00. ' Cincinnati, Feb. 8, 187Q.

“One day after date we promise to pay to the order of Maddux Brothers eight hundred dollars, payable at-, value received. Hutchinson & Cox.”

The appellant answered, admitting the execution of the note, that on the 8th day of December, 1873, the appellees brought suit thereon in the U. S. District Court, for the District of Kansas, against Hutchinson alone, and recovered a judgment against him, to which suit the appellant was not made a party.

To this answer the appellees…