Sanfacon v. Gagnon

The parties to this suit were accommodation indorsers of a promissory note for $2,€00 given on August 5, 1931, to the First National Bank of Van Burén and payable four months after date. The plaintiff, having paid the note in full before maturity, took an assignment of it by the indorsement without re*112course of the payee, and here seeks to recover over against his coindorsers. They plead the general issue and, by a bi’ief statement, set up the defense of payment and a discharge of their liability by release. The case was heard by a single Justice with jury waived. Exceptions to a finding for…