Windheim v. Ohlendorf

This was an action commenced by Ohlendorf against Windheim, then the payee and indorser in blank of a promissory note, of which Thomas Ryan and Dennis Ryan were the makers, and appealed to the Circuit Court.

As the suit was brought before a justice of the peace, where pleadings are oral, we may consider that on the trial in the Circuit Court, the plaintiff had declared against the defendant as indorser and also as guarantor.

After the trial had commenced in the Circuit Court and in the presence of the court and jury, these words were written above the name of Windheim:

“ Value received, I assign…