Whitaker v. Hofmayer Dry Goods Co.

If there was error in sustaining plaintiffs (appellee’s) demurrer to defendants’ plea numbered 2, it was harmless for the reason that defendants had full advantage of the same defense under other special pleas.

Defendants were sued as indorsers of two promissory notes executed by the Metcalf Company, a corporation, and payable to plaintiff. The Metcalf Company was indebted to plaintiff in an amount long past due, and the notes in suit were given to close the account and extend the time of payment. These appellants defended on 'the ground that, after the transaction, in the course of which the…