Mentzer v. Burlingame

The opinion of the court was delivered by

Benson, J.:

This is the third appeal in this case. (Mentzer v. Burlingame, 71 Kan. 581, 81 Pac. 196; 78 Kan. 219, 97 Pac. 371.)

The plaintiff and the defendant, with others, as sureties for the Yates Center Creamery Association, gave two promissory notes, signed by themselves jointly, to the Yates Center Bank to discharge debts of the association. After these notes became due, on April 9, 1898, a new note was given for the amount of both, including $200 for other debts of the association, which note was signed by the plaintiff and two cosureties who had…