John Deere Plow Co. v. Losey

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by the John Deere Plow Company against J. E. Losey to recover on an obligation arising from the signing of his name on the back of a promissory note for a thousand dollars, but the verdict of the jury was in favor of the defendant.

On this appeal the plaintiff contends that defendant was primarily liable on the note as a maker or guarantor, and not as an ordinary indorser, and that therefore its demurrer to the evidence should have been sustained.

It appears that the defendant and one Clute were partners in the…