Garza v. Resendez

POPE, Justice.

This is a suit brought by the heirs of Leandro Resendez, a comaker of a promissory note, against J. J. Garza, the other comaker, for recovery of the amount Res-endez paid the holder of the note after maturity. Plaintiff recovered judgment in the trial court on the proposition that, as between the parties, Resendez was an accommodation maker only and as such was entitled to sue the accommodated party on the note. After maturity date, Resendez, the accommodation maker, paid the holder who indorsed the note over to Resendez. The court, as the trier of facts, found upon sufficient…