Eppinger
Eppinger v. Kendrick
Opinion
Lead Opinion
Haynes, J.
This action was brought against M. P. Farnham and J. K. Kendrick upon two promissory-notes, each dated August 19, 1891, payable one day after date, one for two thousand dollars and the other for eight hundred dollars, to the order of Eppinger & Go., upon which there was claimed to remain unpaid eleven hundred and nineteen dollars and four cents and interest. Farnham, having been adjudged an insolvent debtor, did not answer, and the action-proceeded against Kendrick alone, whose answer consisted of a general denial and a special defense, in which it was alleged that on September 12, 1887, Farnham was indebted to the plaintiffs in the sum of about six thousand dollars, and at the request of Oscar 0. Schultz, manager and agent for said plaintiffs in their mercantile business at Germantown, he (Kendrick) executed with Farnham a promissory note for two thousand dollars, payable tc the order of the plaintiffs one day after date, with interest at the rate of one per cent per month; that he executed the same upon the representation of said Schultz that plaintiffs needed money, that Farnham’s note was not good as collateral security, and that his (Kendrick’s) name would be used for no…