Aultman & Taylor Co. v. Cole

This action was brought on a promissory note given by Otis L. and Charles L. Battle to the plaintiff, the note being due and payable on the first day of August, 1877. The petition was filed on the thirty-first day of July, 1882, but no summons was issued until the fourteenth day of August of that year. It is alleged in the petition that the defendants endorsed the note in question, and thereby guaranteed the payment thereof; but the character of the endorsement is uncertain, as no copy thereof appears in the pleadings. The defendants answered, pleading the statute of limitations and other…