Piper v. Newcomer

Dillon, Oh. J.

The plaintiff is the payee and defendants the joint makers of a promissory note. Campbell pleaded as a defense that he was surety only, and had given the plaintiff notice in writing requiring him to sue upon the note or to permit the appellant to do so; that plaintiff allowed more than ten days to elapse without complying with said notice. (Rev. §§ 1819, 1820.)

The only specific ground set down in the demurrer is that where the action is upon a joint note one of the makers, though .a surety, is not entitled to the benefit of *222the sections of the statute before cited. In sustaining…