Bell v. Gaidula

Eagen, J.,

This is an action in assumpsit on a promissory note. An affidavit of defense raising questions of law contends that the instrument sued on was a joint obligation and plaintiff’s action against this defendant must fail because the other joint obligor is not joined as a party defendant. While we are reluctant to enter judgment in favor of defendant on a technicality, we see no other course open to us. This suit is based on a note dated April 1, 1922, and signed by Peter Gaidula and R. E. Siebecker as makers, wherein we find the words, “For Value Received We Promise to Pay.” For some…