Franklin v. Sea Island Bank

On Motion for Rehearing.

Movant contends the proposition that the defendants were accommodation indorsers was not part of the original case since such theory was not raised as an affirmative defense. However, the Court of Appeals considered and passed upon the parties’ status in the previous appearance of this case. Moreover, the court pointed out: “It is no defense to the note sued upon that the defendant endorsers received no personal consideration from it. One signing for the accommodation of a party to the instrument as endorser is liable on it to a holder for value even though the holder…