Wood v. Roe

ALBERT, J.-

-An opinion was ified in this case which is reported in 212 N. W. 378. A rehearing was granted therein, and the ori~ina1 ODinioll is withdrawn.

The note involved herein was for $5,720, dated March 1, 1920, and due March 1, 1925, executed by R. P. Nuckolls, and payable to C. L. Roe, and indorsed in blank by Roe to plaintiff, M. M. Wood. So far as this case is concerned, it contained no stipulation or waiver whatever.

The original petition filed was in the usual form of suit on a promissory note, asking judgment against the defendant. Plaintiff amended her petition as follows:

“That…