Shepherd v. Mott

W. N. Mott recovered judgment against J. N. Shepherd and E. N. Kirby, and E. N. Kirby recovered judgment over against J. N. Shepherd; the controversy arising over the liability of the respective parties on a promissory note signed by A. G. Britton and J. N. Shepherd and indorsed by E. N. Kirby. There is no complaint of the judgment in favor of Mott, but Shepherd appeals as. against the judgment in favor of Kirby.

The trial court, before whom the case was tried, made the following findings of fact, which we adopt: “(1) A. B. Britton, the principal on the note sued on, is insolvent and was not a…