Dellarowe
Dellarowe v. Kirchner
Opinion
Lead Opinion
Thompson, J.
The plaintiff recovered a judgment in the court below in the sum of $1500 against the defendants Kirchner and Bartel, the complaint having been dismissed as to the defendant Seoville. The defendant Emil Kirchner prosecutes this appeal from the judgment.
The facts necessary to an understanding of the case are as follows: Some time during November, 1922, the defendant George Bartel executed and delivered to plaintiff’s assignor, Jack L. Dawson, eight promissory notes in the principal sum of $200 each, bearing interest at seven per cent and maturing at intervals of thirty days apart. In addition to being signed by the defendant Bartel, the notes were also executed by his wife, Frances Lee Bartel, and one Louise Dawson. Shortly after the execution of the notes plaintiff’s assignor made application to the appellant for a loan, offering as collateral security seven of the notes. Appellant was unwilling to state the amount he would loan, but did agree to and did advance $150, and requested Jack' L. Dawson, plaintiff’s assignor, to call back within a day or two and appellant would state the amount he was willing to loan. Dawson made several trips to appellant’s office thereafter, but was…