Commercial National Bank v. Tucker

The opinion of the court was delivered by

Harvey, J.:

In an action on a promissory note defendants asked that an additional party be made defendant. This was done. The original defendants then filed a cross petition against the new defendant seeking to hold him liable to the plaintiff jointly with themselves. The newly made defendant demurred to the cross petition. The demurrer was sustained. The original defendants have appealed.

Briefly, the material matters, as shown by the record, are as follows: On May 25, 1925, the plaintiff, a holder in due course, sued for the balance due on a promissory…