Lobdell v. Niphler

The facts are stated in the opinion of the court, delivered by

Mathews, J.

The plaintiff, holder of a note made by one Simpson, payable to Whitler, and by him endorsed in blank, and subsequently endorsed by the defendant, sues the latter on his endorsement. There was judgement in the court below for the plaintiff, from which the defendant appealed.

The statement of facts shows that all steps were taken by the holder of the note necessary to charge the defendant as endorser, who claims a release from his obligation to pay, in consequence of the plaintiff’s having done acts which operated an…