Levy Plumbing Co. v. Heating & Plumbing Finance Corp.

LOONEY, Justice.

The Heating & Plumbing Finance Corporation sued W. W. George as maker and Levy Plumbing Company, Inc. (the original payee), as indorser, to recover balance due upon a negotiable promissory note. George filed a formal answer, but the Levy Company failing to answer, judgment by default was rendered against it, from which the company appealed by writ of error, and contends that the default judgment was unauthorized, because its liability as indorser was not shown, in that plaintiff’s petition failed to allege that notice of the dishonor of the note, for failure of the maker to…