Blumberg v. Speilberger

Section 5023 of the Code provides that—

“As respects one another’, indorsers are liable prima facie in the order in which they in dorse; but evidence is admissible to Show that as between or among themselves they have agreed otherwise.”

This rule, of course, applies to accommodation .as well as to regular indorsers. In Braham v. Atwood, 3 Stew. 247, and later in Sherrod v. Rhodes, 5 Ala. 683, 691, it was held that—

“The fact merely, that two or more persons were successive accommodation indorsers for another, did not make them cosureties, but that to constitute that relation there must be an…