Backus v. Spaulding

This action is upon a promissory note, not negotia ble, for $3180, signed by Jonathan S. Baker, the defendants'" testator. It is brought in the name of Backus, the payee, for the benefit of the firm of Stoddard & Kellogg, to whom it was assigned a few days before its maturity, and who gave notice of the assignment to the defendants soon after.

When this note was given, Baker was liable, as accommodation indorser, upon a note of Backus for $2500, which was then overdue. After the assignment of the note in suit to the plaintiffs in interest, and notice of it to the defendants, and after it…