Waterman v. Howard Paper Co.

Deen, Judge.

Plaintiff appellee sued to recover upon three notes. Judgment was rendered against defendant appellants and they bring this appeal from the order denying their motion for new trial. Held:

1. The main contention of defendants is that there was a failure of consideration. The evidence authorizes a finding of the execution of the notes and endorsement by defendants; that at the time of execution, the face amount of the notes was owed to the plaintiff by Peach State Industries, Inc., for goods and merchandise purchased, which debt was past due; that they did not owe plaintiff any money…