13 Wis. 227 | Wis. | 1860
By the Court,
The question arising upon the demurrer in this case, has already been passed upon by this court, in the case of Cady vs. Shepard, decided at the present term [12 Wis., 639]. In that case we held that persons indorsing a promissory note, under the circumstances in which it is alleged that Cramer and Shepard indorsed the notes mentioned in the complaint, were liable on the same as indorsers. It is very true that there -• has been very
The complaint alleges that the notes were presented to the maker for payment when due, and that payment was refused, and that due notice of the non-payment was given the indorsers. This is sufficient to fix their liability.
The order of the circuit court sustaining the demurrer must, therefore, be reversed, and the cause remanded for further proceedings.