Schlittler & Johnson v. Deering Harvester Co.

The Deering Harvester Company brought suit on two promissory notes, against M. B. Swain as principal, and Schlittler & Johnson, a copartnership composed of A. Schlittler and J. M. Johnson, as indorsers. Swain filed an answer alleging failure of consideration. . The court entered the suit “Answered, April Term, 1906.” At the December term the jury .found a verdict for1 the principal defendant, Swain. No effort was made to set aside this verdict, nor was the case ever marked in default as to the other defendants. At the April term, 1907, the court, on motion of plaintiff’s counsel, rendered a…