State Exchange Bank v. Naylor

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover on two notes and the interest due thereon — the first for $500, dated July 5, 1932, and due in 180 days; and the second for $3,000, dated November 13, 1932, and due in 90 days. The makers of these notes were E. W. Naylor and M. C. Naylor, husband and wife, and the payee was the State Exchange Bank, of Yates Center, plaintiff in this action.

Plaintiff’s second amended petition contained the usual recitals pertinent to an action on promissory notes, and alleged that E. W. Naylor, one of the makers, had died since…