Nebeker v. Cutsinger

This was an action by the appellants, as the holders, against Cutsinger, as the maker, and Drake, as the indorser, of a promissory note for the sum of five hundred dollars, payable six months after date at the Citizens National Bank of Indianapolis, with attorneys’ fees.

Drake made default, and judgment was rendered against him; and, as to him, no question arises in the record.

Cutsinger answered:

1. Denial of the execution of the note.

2. Special denial of the execution of the note, setting out the circumstances.

3. Substantially the same as the second, with an averment of notice to the…