Koblegard Co. v. Maxwell

Riley, Judge:

The Koblegard Company instituted this action in as-sumpsit in the Circuit Court of Upshur County against Franklin Porter Maxwell upon a negotiable promissory note, dated January 1, 1932, for $10,000.00, payable four months after date, and signed on the face thereof by Wm. Post, Annie Post, John Post, and the defendant whose signature appears “F. P. Maxwell, Sec.”. Plaintiff prosecutes this writ of error to a judgment in defendant’s favor entered upon a directed verdict.

Defendant claims he signed the note as surety and was discharged by certain actions of plaintiff, while…