Downie v. Cooledge

This is an action commenced by Leonard Downie, an accommodation endorser on a negotiable promissory note, against the immediate prior endorser, defendant Ross M. Cooledge. The marital community, composed of Ross M. Cooledge and Margaret S. Cooledge, his wife, was joined as a party defendant, but we shall hereinafter refer to Ross M. Cooledge as if he were the sole defendant.

Defendant filed an answer admitting the endorsement of the note and containing four affirmative defenses and a cross-complaint. On plaintiff’s demurrer and motions directed to the answer, the second and fourth affirmative…