Commerce Trust Co. v. Pioneer Cattle Loan Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action against the maker and indorsers of a promissory note for $10,000. Only the indorsers defended, and they will hereafter be spoken of as defendants. It was tried to a jury, which answered special questions and returned a general verdict for defendants. Plaintiff’s motion for judgment in its favor upon the answers to the special questions, notwithstanding the general verdict, was sustained. The defendants have appealed.

A brief statement of the circumstances out of which the con*713troversy arose is, in substance, as follows: The…