National City Bank v. First National Bank

Bell, Justice.

(After stating the foregoing facts.)

We will consider first the questions raised by the motion for new trial. The cross-action having been stricken on demurrer, only two issues remained for trial: (1) Whether the note and indorsement, neither being under seal, were barred by the statute of limitations; (2) whether the indorsement was in effect a contract of suretyship, and thus invalid under the law of this State, the indorser being at the time a married woman.

In replying to these alleged defenses, the plaintiff offered testimony of its vice-president, C. F. Zukoski, as to…