Reinecke

On September 24, 1910, the Metropolis Construction Company executed to the plaintiff two promissory notes for one thousand three hundred and seven dollars and two thousand dollars, respectively, upon which the plain tiff secured a judgment against the defendant, as the guarantor and indorser of the notes, in the sum of $3,680.25, which included interest from the date of the notes. It is an admitted fact in the case that the defendant signed both notes on the back thereof at the same time in the dual capacity of guarantor and indorser.

The plaintiff’s complaint sets forth four causes of action. It is conceded that the defendant’s general demurrer should have been sustained to the second and fourth counts, upon the ground that they did not state a cause of action. It is not disputed, however, that the remaining counts were proof against demurrer, and sufficient as a matter of pleading to support the judgment if the points made for a reversal — the insufficiency of the evidence and errors of law occurring during the trial — be found untenable. We need not therefore concern ourselves with the error of the trial court in overruling the defendant’s demurrer to the second and fourth…