Rogers v. Gibbs

In March, 1860, J. J. Wilder & Co. executed two promissory notes, each for $4407 0.9, payable respectively in twenty-four and thirty-six months after date, to the order of Rogers & Woodall; and at the same time Rogers & Gibbs and J. Gibbs wrote their names on the back of said notes. Rogers & Woodall, the payees, have never indorsed the notes. Jasper Gibbs is now sued by the payees as surety. The defendant, without pleading to the merits, filed the plea of prescription against the notes. There was judgment in favor of the defendant, and the plaintiffs have appealed. The notes are prescribed…