Bank of Missouri v. Phillips

*30The Bank sued Phillips as endorser o£ a promissory note made by Ephraim H. Fletcher, and payable to Phillips. The defendant filed an answer, denying notice of non-payment. He afterwards filed an additional answer, alleging that at the request of Fletcher, he and one Byrne endorsed a note for the accommodation of Fletcher and Byrne, and that the same was renewed from time to time with Byrne and defendant as endorsers ; that the note sued on was intended as a renewal of the note then due, and that defendant endorsed it upon the express condition that it should be endorsed by Byrne ; that by…