McCarthy v. Sink

The opinion of the court was delivered by

Thiele, J.:

On October 16, 1937, plaintiffs commenced an action to recover on a promissory note signed by each of the four defendants, dated June 1, 1932, due December 1, 1932, for the principal amount of $4,190. Defendants filed a very long answer made up of ten divisions, which we summarize:(1) Admits execution of the note and denies liability.(2) The defendants, except Wilbur Sink, allege they are sureties, and they signed the note on Wilbur Sink’s representation he was indebted to plaintiffs; that Wilbur Sink was not so indebted and there was no…