Drew v. Ellis

WILLIAMS, Associate Justice.

R. H. and H. L. Sellers executed to W. O. Ellis their note for $5000, with interest and attorney fees, in consideration of certain stock to be delivered by him to them upon payment of the note, and which was retained, attached to the note, as collateral .security for its payment. Ellis endorsed the note to appellant. Subsequently, by some mistake, the stock was delivered to Ellis, and by him was disposed of, with the statement that he had other stock in bank to ■deliver to the Sellerses. The note matured, was not paid, and was protested, the stock not having been…