Hamer v. Pennell

HUTCHESON, Circuit Judge.

These suits on promissory notes executed to J. W. Hamer by Williams Holding Company by W. M. Hamer, its president, and-W. M. Hamer jointly, went off on the pleadings. Each of the appeals raises the same questions. They will be disposed of together. The questions are: (1) Whether it was error to strike, as sham, appellant Hamer’s pleas of no consideration ; (2) whether the obligation being joint, and sued on that way, plaintiff could dismiss as to the Holding Company upon its plea of ultra vires, and proceed to judgment against Hamer.

In No. 8149 the defendant filed…