Pitzman's Co. of Surveyors & Engineers v. Bixby & Smith, Inc.

Action on a promissory note and interest thereon. Plaintiff dismissed as to defendant J.C. Smith. A trial to a jury resulted in a verdict in favor of plaintiff for $25,429.34 as to the corporate defendant Bixby Smith, Inc., and against plaintiff as to defendant, R.F. Bixby. Plaintiff's motion for new trial as to defendant R.F. Bixby was sustained and he appealed from the order granting plaintiff a new trial.

Defendants, J.C. Smith and R.F. Bixby, were stockholders in the corporate defendant, Bixby Smith, Inc., and endorsed the note sued on by writing their names on the back thereof. No answer…