Knight v. Hawkins

Lumpkin, Justice.

This was an action upon a promissory note, brought by B. F. Hawki.ns against E. G-. Duren, G. W. Duren, and G. ~W. Knight. The note was payable to “ B. F. Hawkins, or bearer,” but this B. F. Hawkins died at or about the time the note matured, and before suit was brought. The plaintiff' was his, son, and bore the same name. He brought the suit in his own name, and not as administrator, and therefore .presumably owned the note as bearer. Knight defended, alleging in his plea that he was only a surety on the note, which fact was known to “ the plaintiff” when the note was given,…