12 Kan. 184 | Kan. | 1873
The opinion of the court was delivered by
This action was on the following written instrument:
“Sept. 30, 1871.— On or before the first day of January, 1872, for value received I promise to pay to E. R. Cutler, or order, the sum of one hundred and eighty-seven dollars and fifty cents, to be paid in sawing at the rate of $1.25 per hundred. Said sawing to be done at what is known as the Shoo-Fly Mill ih"the vicinity of Bellviile. “ C. Schnier.
“D. Jacobs.”
On the 20th of December 1871 Cutler sold and delivered this note to the defendant in error, who in June 1872 brought suit and recovered a money judgment for the face of the note and interest. Of this judgment plaintiffs in error, the makers of the note, complain, and as a first cause of error allege that defendant in error could not bring this action in his own name. The point is not well taken. Code, § 26; Williams v. Norton, 3 Kas., 295.
The judgment of the district court will be affirmed.