Rightsell v. Kellum

This was an action by the payee against the makers of a promissory note. Two of the makers, in signing the note, used the initials only of their first and middle names. The complaint alleged the execution of the note by the defendants, without stating in what form. A copy of the note was filed with and made part of the complaint. The answer was:

1. A general denial.

2. Payment.

One of the defendants set up that he was surety for the other defendants, and the appropriate order was made at the rendition of the judgment, in his favor. Reply by denial to the second paragraph of the answer. Trial by…