Kerby v. Bott

The opinion of the court was delivered by

Wedell, J.:

This was an action against the maker and the payee, endorser, of a promissory note. The endorser defaulted and judgment was rendered against him. The trial was by jury on issues *567joined by the holders of the note and the maker. Judgment was for defendant and plaintiffs appeal.

The plaintiffs were J. H. Kerby and Warren H. Kerby, doing business as The K-M Securities Company of Clay Center, Kan. The defendant was a farmer and resided approximately twenty-five miles from Clay Center.

The appeal is from the order overruling plaintiffs’ demurrer to…