Pratt v. Allen

By the court, Masten, Justice.

This is an action brought against the defendant, Allen, as the maker, and the defendant, Butts, as an indorser of a negotiable promisory note.

The defendant, Allen, demurred to the complaint, and judgment was applied for and given to the plaintiff upon the demurrer as frivolous, by Justice Clinton, under the 241th section of the Code.

The plaintiff thereupon severed the action, taxed a full bill of costs as upon a trial, and perfected judgment *451against Allen. The defendant, Butts, subsequently put in an answer, and the plaintiff applied, under section 247 of the…