Supreme Court of Kansas January 15, 1876 (Niccolls v. Esterly)

The opinion of the court was delivered by

Brewer, J.:

This was an action brought by defendant in error upon a note executed jointly by plaintiff in error, and S. B. McCord and Geo. H. Stewart. The answer of plaintiff in error alleged payment in full made by Geo. H. Stewart, principal on the note. It appeared that Stewart had died prior to the commencement of the action.