Security State Bank v. Mossman

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is by the defendant from a judgment rendered against him upon the pleadings and his opening statement of the case to the jury.

The plaintiff’s cause of action was upon a past-due note. The verified answer admitted the execution of the note and further alleged want of consideration, that defendant had several months prior to the execution of the note in suit signed two smaller notes as surety, and that the plaintiff, through its agents, procured him to execute the note sued on in this action; that plaintiff still…