Day v. Rogers

Day sued W. H. Eogers and Julia P. Eogers on a promissory note. The note was made payable to H. H. James, who had transferred it by indorsement in blank to the Exchange National Bank, and the bank indorsed it to Day “without recourse.” The note was signed jointly by the defendants, apparently as makers. W. H. Eogers filed no defense. Julia P. Eogers set up that W. H. Eogers was her husband and that she had signed the note as surety, and she alleged that the plaintiff was not an innocent holder for value. The plaintiff made an oral motion to strike from the plea the allegation of suretyship,…