G. Sommers & Co. v. Tintah Co-Operative Mercantile Co.

Taylor, (1

Defendant mercantile company executed a promissory note to plaintiff for a past due indebtedness; and, as part of the same transaction and before delivery, the individual defendants signed their names in blank upon the back of it. Plaintiff sued all the defendants as makers of the note. The individual defendants, among other defenses, asserted that they were indorsers of the note, not makers, and had never been notified of its nonpayment. The mercantile *108company, having been adjudged a bankrupt in bankruptcy proceedings, the action went to trial against the individual defendants…