Gibbons v. Sommers

OPINION

By McNEILL, J.

This is an action to prevent the enforcement of a judgment taken by confession in the court of common pleas of Miami County, Ohio. Plaintiffs, along with defendant Frank Sommers and four other persons *31were the makers of a note. The payee of said noté, Dr. Otis, was also one of the makers. This was a demand note, and about three years after its execution, it was endorsed without recourse by Dr. Otis to defendant Sommers. Plaintiffs contend that the judgment in Miami County, is void and may be properly attacked in this action.

Generally, a co-maker on making payments on a…