Newton Banking Co. v. Hudgins

1. Newton Banking Company brought suit upon two promissory notes 'against A. U. Hudgins, J. C. Hudgins, and J. J. Hudgins, as joint makers. There was service as to J. J. Hudgins and J. C. Hudgins, but A. U. Hudgins, according to the entry of the sheriff, having absconded, was not served. J. J. Hudgins filed a plea'of non est factum. On the trial, J. J. Hudgins having died and his administrator having been made a party to the case, the court allowed E. O. Newton, who was a stockholder and the cashier of the plaintiff bank, and who acted as its agent in taking the note which was the basis of…