Niagara County National Bank & Trust Co. v. La Port

If appellants and respondents made no agreement that they should be hable otherwise than in the order in which *502their names appear as indorsers upon the promissory note, the respondents were discharged from liability to plaintiff and appellants when the latter paid plaintiff’s judgment (Neg. Inst. Law, §§ 118, 201), and the order appealed from should be affirmed. However, the affidavits in the record show that appellants have a colorable, although disputed, claim that all the indorsers signed as such under an agreement that all four should be coindorsers, each liable for a one-fourth part of…