Walsh v. Wescoatt

This is an unusual case. The facts are that the respondents were the owners of a note given by one Williams, which was secured by a mortgage upon real estate in Idaho. The appellant was the owner of certain other personal property. The parties .traded, the respondents assigning their note and mortgage to the appellant, their endorsement of the note being unrestricted. Later, the appellant brought suit on the note, waiving the mortgage. The action was against Williams, as the maker, and against the respondents as unrestricted endorsers. Williams was not served with process. The respondents, by…