Mainer v. Spurlock

This suit was brought against the drawer and endorser of a draft, which was protested for non-payment. The drawer filed no answer, and judgment by default was regularly taken against him; but the endorser resisted the plaintiff’s claim, by admitting that he had endorsed the draft sued on, but averring that the proper steps Were not taken to fix his liability. There was judgment below against the endorser, and he has appealed.

The appellant’s counsel has urged the discharge of his client, upon three grounds:

First, That the certificate of notice is not in proper form, as *162it does not show that…