First Nat. Bank of Mt. Calm v. Roller

The contentions of plaintiff in error, First National Bank, and defendant in error H. O. Roller that the trial court erred in rendering judgment in favor of Mrs. C. R. Menefee, an indorser of the notes sued upon, under her plea of coverture, are easily disposed of. It is undisputed that Mrs. Mene-fee was a married woman at the time she indorsed the notes. The bank, having failed to plead estoppel, cannot now insist that the evidence conclusively shows Mrs. Menefee was estopped to plead coverture.

While defendant in error Roller did plead that Mrs. Menefee was estopped to assert her coverture,…