Moore v. Maddock , 33 Mo. 575 ( 1863 )

Bates, Judge,

delivered the opinion of the court.

Suit by payees of a promissory note against the maker. Defence that the note was made by the defendant at the plaintiffs’ request, and without any consideration. At the trial these facts were admitted by the plaintiffs, and judgment was given for the defendant, as it should have been. The admission excludes the idea that he signed it as surety.

Judgment affirmed ;

Judges Bay and Dryden concur.