Jewett v. Malott

The opinion of the court was delivered by

Johnston, J. :

This case comes here from the court of appeals because one of the judges of that court was *510disqualified to sit and the remaining judges were divided in opinion as to the disposition of the case.

From the record, it appears that Americus V. Jewett brought an action upon a promissory note against John F. Baxter, as principal, and Malott & Co., as indorsers, and recovered a judgment against Malott & Co. for $1044.65. The defense of Malott & Co. was that the petition contained no allegation of demand for payment or notice of non-payment and…