Senter & Co. v. Whitaker

Stayton, Associate Justice.

This action was brought to recover the balance due on two notes, executed to Senter & Co. by Willis Whitaker, J. T. Bosborough and A. B. Movers, and to foreclose a deed of trust on land executed by them to secure the notes. The defendants alleged in their answer that they composed the firm of Whitaker & Co. at the time the notes were executed, and that they and another note were given for an indebtedness of that firm to the plaintiffs; and that in addition to this, they were indebted at a subsequent time to the plaintiffs in the further sum of $1,186.19 for goods…