Austin v. Jackson Trust & Savings Bank

FLY, Associate Justice.

Appellee sued appellant on a note for $2500 executed by R. G. Root to H. H. Hamilton, which was endorsed and transferred to appellee by appellant, who waived notice, demand and protest. It was alleged that the maker, the payee, and J. A. Felthous, an_ indorser, were insolvent and nonresidents of Texas; that the note" was presented when due to the maker for payment which was refused and that it was duly protested. Appellant excepted to the second amended petition, upon which the cause was tried, on the ground that it set up a new cause of action which was barred by four…