Jasper County Democrat, Volume 5, Number 43, Rensselaer, Jasper County, 31 January 1903 — HUSTON-FATKA CASE REVERSED. [ARTICLE]

HUSTON-FATKA CASE REVERSED.

| The old lawsuit of Mr. Huston of Milroy tp„ vs. Fred Fatka, of Marion tp , to recover on notes on which Fatka was endorser, and which was decided in favor of the latter in the White circuit court about two years ago, was reversed in the the appellate court Thurscourt held: Where the assignee, by indorsement of promissory notea not payable in bank and of a mortgage securing the same, executed by a non-resident, brought suit to foreclose his mortgage, causing the maker to be constructively summoned. and naming his assignor as a defendant, but dtd not set out or exhibit the Indorsement, nor state facts showing diligence to collect the debt from the maker or excusing the f llure to use such diligence, nor otberwit. state any cause of action against the assignor, aud the court pronounced a judgment in rem against ts .* mortgaged property only, on which ’• was sold for less than the mortgage debt, such suit and judgment are • ot a bar to a subsequent action against the ignor of the notes upon his contract of indorsement, by a complaint which shows a legal excuse for not pursuing the principal debtor. The two suits are not upon the same cause of action.