18 S.D. 52 | S.D. | 1904
For the purposes of this appeal, the issues involved in this action may be outlined thus: Plaintiff alleges that he is the indorsee in due course of a negotiable note executed by- the defendants, no part of which has been paid. Defendants James Vines, Sr., and Adeline D. Vines, admit the execution of the note, deny that plaintiff is an indorsee ,in due' course, and aver that such note was executed'on Sunday, without consideration, by them, as sureties, .and was delivered -to the payees named therein as collateral security. The-other’ defendant defaulted. A verdict having been returned in favor of the plaintiff for the amount of the note, -with interest, -the' answering defendants applied for a new trial. From an -order; granting such application, the plaintiff appealed.
The instrument sued on .reads as follows: “Miles City, Mont., July — , 1899. Sixty days without grace after date we-jointly and severally promise to pay to the order of E. J. Mc-: Nish and James Cleveland seven hundred-and fifty- and-no one- • hundredth dollars, at the First National Bank at Miles- City, - with interest at-per cent, per annum, from-until paid,for value received, and with attorney’s fees in addition to other costs in case the holder is obliged to enforce payment at law.” -
The order appealed from is affirmed.