Vigen v. Castle Building Co.

In an action upon a promissory note against the makers and endorsers judgment went for the endorsers.

The defendants Lee and Gensler operated under the name of the Castle Building Co. in the purchase and sale of real property. Prior to the execution of the note in suit, they purchased from the plaintiffs certain real property for which they gave them in part payment five promissory notes held by them and endorsed to plaintiffs. One of these defaulted, and these defendants substituted for it the note in suit. This was done under the agreement of the parties reserving to the defendants the right…