Stillwell v. How

IIow, Smith, and Stillwell, in the order named, were accommodation indorsers of a promissory note made by one Bernoudy. The note was renewed several times, and at the last renewal Stillwell’s indorsement, instead of being made by him was made by his partner in the name of the firm, hut in the same order. This note was paid by the firm, and they now bring suit against How and Smith as previous indorsers. But the defendants claim that they should not he held in the order of their indorsement for the reason that it was the understanding and agreement between all tho indorsers that they placed…