Boyce Hardware Co. v. Saunders

March 22, 1920, the defendant and one Marion H. Saunders made and delivered to the plaintiff their certain promissory note dated- that day whereby for value received they jointly promised to pay to the order of the plaintiff in six months thereafter at the Citizens National Bank of Wellsville, N. Y., the sum of $400. In August, 1921, the plaintiff commenced an action in this court against defendant and said Marion H. Saunders to recover upon said promissory note, the summons in which action was not served on this defendant. In September, 1921, said Marion H. Saunders duly executed a…