Mendenhall v. Gately

The appellee, who was the plaintiff, sued Mendenhall, as indorser of a promissory note. The note and indorsement are in this form:

“By the first of January next we, or either of us, promise to pay to Stephen C. Mendenhall or order 700 dollars for value *150received. Witness our Hands and seals this, 8th. day of April, 1856. John B. Eont, [seal.]

J. M. Yowell, [seal].”

“Eor value received, I assign the within note to John. J. Gately, waiving notice and demands of the law, April 8,1856.

Stephen C. Mendenhall,

By Sabgent P. Coeexn, Att’y.”

It is averred, in the complaint, that the note and indorsements…