Burrows Shoe Co., Inc. v. Brotherton

DOOLING, J., pro tem.

In a suit upon a promissory note judgment went for defendant A. A. Irish as administrator of the estate of B. M. Spencer, deceased.

The note was signed as makers by Amelia C. Brotherton, Louis M. Brotherton and the decedent Spencer in favor of Burrows Shoe Co., Rochester, N. Y., as payee. The evidence showed that the Brothertons were engaged in the retail shoe business and were refused credit by plaintiff, a wholesale shoe dealer, unless they would give a promissory note as security with some responsible third person as a co-maker. Accordingly they procured the decedent,…