Boyer v. Boogher

This is an action upon the following promissory note : — “ $200. St. Louis, Oct. 21, 1878.

“ Eighty-four days after date I promise to pay to the order of Henry Boyer, two hundred dollars, for value received, negotiable and payable without defalcation or discount, and with interest from maturity at the rate of ten per cent per annum. D. R. Boogher.”

Indorsed on the back, “ Simon L. Boogher.” .

The defence is that Simon L. Boogher indorsed the note *131with the understanding that he should incur only the technical liability of indorser, and not that of co-maker. The evidence to' sustain this defence…