Drumm v. Bradfute

Insi/EY, J.

The defendant, D. B. Penn, sued as the endorser of a promissory note, pleaded the general issue. Judgment was rendered in favor of the plaintiff, whereupon the defendant moved for a new trial, which, failing to obtain, he appealed.

On the trial of the case in the Court below, the defendant Penn objected to the admission of the noto in evidence, and of all other testimony to prove his endorsement of the note sued on, on the ground that the petition contained no allegation that the note sued on was endorsed by him. The note and the accompanying- documents, viz : the protest and the…