Wise v. Boyd

J. A. Wise brought this suit against Rex Boyd and B. S. King on a note executed by said defendants, payable to I. G. Showers, and by him indorsed and transferred to plaintiff. Boyd did not answer. The defendant King contested recovery as against him on grounds hereinafter stated. The trial judge directed a verdict against Boyd, but in favor of defendant King, and judgment was rendered accordingly.

It is conceded that if the pleading and evidence made an issue as to King's liability on the note, a matter which we discuss later, yet the peremptory instruction could not be sustained on such…