Bostwick v. Bryant

This action by appellee against appellants is upon, a promissory note for $300 executed by them to Anna S. Bloomer and by her assigned to appellee. The note is not payable at a bank, and hence is not governed by the law merchant.

The first paragraph of the answer by appellants was as follows :

“ The defendants for first answer admit the execution of the note in suit, but for partial answer in defence say, that said note was executed by Thomas J. Bostwiek as principal, and Samuel F. Bostwiek and Benjamin F. Stephens as sureties therein, the said Thomas J. Bostwiek having received *450the whole…