German v. Gallo

The only question of law presented on the appellants’ brief is whether the defendants, being indorsers on the mortgage note, are relieved from responsibility by the action of the plaintiff in taking a deficiency judgment against the maker, only, without asking for a deficiency judgment against the indorsers in the same proceeding. This is the question which was presented by the special defense, and it was answered in the negative by Judge Wolfe’s decision sustaining the demurrer thereto, as well as by the trial court in rendering judgment for the plaintiff.

The defendants’ claim is that the…