Dobbs v. National Bank

Quillian, Chief Judge.

This is an appeal from the grant of summary judgment for plaintiff in an action to recover on a note.

Appellant, Massey and Washburn, were joint signers of a note to appellee. Upon default this action was commenced against all three obligors. Massey’s and Washburn’s answers denied liability and raised the defense of release by novation. Appellant initially answered admitting some indebtedness but denying the amount, and made admissions to that effect. Appellee then moved for summary judgment against appellant only. When appellant became aware of the co-defendants’ defense…