Barnett v. Nolte

The plaintiff, who is indorsee of a promissory note, instituted suit thereon against the defendant before a justice of the peace. The note sued upon was filed with the justice as the only statement of a cause of action. As the defendant’s name appeared on the back of the note above that of the payee, and as it furthermore appeared in evidence that it was put there before the payee signed his name, the plaintiff’s counsel was asked upon the trial of the cause in the circuit court in what capacity he sought to charge the defendant, and replied as indorser. The plaintiff offered no evidence…