Schulenburg

This is an action upon a nonnegotiable promissory note for three hundred and forty dollars, made by the defendants Schulenburg and Chadwick to one Thompson, and by him assigned to the plaintiff before maturity.

The complaint avers the making, delivery, and assignment of the note in the usual form, but the onlyaverment connecting the defendant Daley therewith is: “ That thereafter, and before the maturity of said note, the said defendant, T. J„ Daley, duly indorsed said promissory note by writing on the back thereof as follows, to wit: ‘ Protest waived. T. J. Daley.’”

Defendant Chadwick suffered his default to be entered. Defendants Schulenburg and Daley filed a joint demurrer to the complaint, which was overruled. They then answered, setting up in substance that, prior to (he assignment of the note to the plaintiff, Thompson, the payee, had offered to accept from them, in full satisfaction and payment thereof, the sum of one hundred and twenty-five dollars; and that after such offer and with notice thereof plaintiff and defendants entered into an agreement whereby he was to advance and pay to Thompson for the said note the sum of one hundred and twent)r-five dollars and take an…