Lambert v. Smilansky

This is an action in assumpsit by the plaintiff as the holder of a promissory note of which the defendant Smilansky is the maker. John J. Davis & Sons Company, payee named in the note, became an indorser thereon, as did also the defendant Charles H. Shell. On November 12, 1927, plaintiff took judgment by default for $5,150 against the two indorsers. On March 16,1928, at the conclusion of a jury trial, the court directed a verdict for $5,254.16 against Smilansky. He reviews by writ of error.

Under the defendant’s plea of general issue filed November 9,1927, notice of lack of consideration was…