Walker v. Traylor Engineering & Mfg. Co.

SANBORN, District Judge.

In 1924, the appellee and defendant in error — who will be referred to in this opinion as plaintiff — brought suit against the appellants and plaintiffs in error, as defendants, alleging that it was the owner and payee of a promissory note dated April 21, 1920, given by the Choctaw Portland Cement Company, due 120 days from date, and duly indorsed by the defendants, and upon which there was then due $6,276.57. The defendants answered, admitting the execution of the note by the cement company and their signatures across the back of it, but denying the capacity of the…