Somerby v. Brown

Newcomb, C.

— The appellees sued the appellants, Somerby, Jackson and Havens, as endorsers of a promissory note, not payable in bank, executed by Hogshire & Reisner, as makers. The appellees recovered in the circuit court. Two errors are assigned in this court:

1. That the circuit court erred in overruling the demurrer of appellants to the first paragraph of the complaint;

2. That the court erred in overruling the motion of appellees for a new trial.

The first paragraph sets up the execution of the note and its endorsement to the plaintiffs below by the defendants, and then avers that before its…