Scott v. Hawkins

The two parties summoned as trustees in this action had each given to the principal defendant a promissory note, payable to her or her order on demand, which were due and unpaid at the time of the service of the writ upon them. The only statement in the answers which could distinguish their J ability as trustees is, that one says that she does not know where the note is, and the other says that she does not know where it is, or where it was at the time of service; but we do not see that this distinction is of any consequence.

The single question is, whether the maker of a negotiable promissory…