38 A. 1002 | R.I. | 1897
The defendant's claim is based on the assumption that the two accommodation endorsers were joint makers of the note in suit. The note itself shows, however, that they were not joint makers but successive endorsers, the note being payable to the order of the defendant and endorsed by him before being endorsed by the plaintiff. In this respect it differs from Carpenter v.McLaughlin,
The defendant makes the point that the judgment on the note in the suit brought by the bank operated as a merger of the note, is conclusive on the parties to it, and excludes a defence growing out of the relations of first and second endorser existing between them prior to the recovery of the judgment. The only case cited in support of the point is Marshall v. Aiken,
New trial denied, and case remitted to the Common Pleas Division with direction to enter judgment on the verdict.