Behrens v. Kirkgard

[1, 2] This suit was brought by defendant in error, Kirkgard, against the plaintiffs in error, to recover on a vendor’s lien note executed by J. M. Hail, and payable to F. L. Behrens and Irby Walton. The note was transferred several times, finally reaching Kirkgard, who is now the owner. The indorsers were made parties, who pleaded a verbal understanding as to themselves that they were not to be personally liable as in-dorsers, and further to the effect that the form of their indorsement on their faces imports only a transfer of the title to the notes, and does not impose upon them any…