Blair v. McQuary

The opinion of the court was delivered by

Dawson, J.:

The plaintiff, Hugh Blair, owner and holder of an ordinary promissory note for $250, brought this action to recover thereon against O. H. McQuary, jr., the maker, and against J. W. Junkins & Son, the payees and indorsers. It was indorsed thus:

“Waiving presentment, protest and notice.

“J'. W. Junkins & Son,

“J. W. Junkins.”

The district court sustained a demurrer to the answer of Junkins & Son and gave judgment on the pleadings. Junkins & Son appeal. Their answer in substance alleged that they had furnished McQuary certain materials of the value…