McDonald v. Stewart

Maxwell, Judge:

In this action McDonald and Jarvis, partners, assignees of a note executed by A. E. Stewart to Loyd Louden and endorsed by W. A. Moore as accommodation endorser, and Lou-den as assignor, seek to enforce payment of the note. At tbe trial, Moore defended on the ground that upon the note’s being protested for non-payment, he gave due notice to the plaintiffs to sue in compliance with Code 1923, chapter 101, sections 1 and 2, Eevised Code 1931, 45-1-1 and 2, and that plaintiffs failed to do so within a reasonable time. Louden was not served with process. The jury found against…