Clifton & Wadkins v. Royse Cotton Oil Co.

KEY, Associate, Justice.

Appellee brought this suit to recover from Clifton & Wadkins a sum of money paid by appellee as surety for Clifton & Wadkins. Clifton made no defense. Wadkins answered under oath, alleging that at the time the note was executed, and the appellee became surety thereon, the partnership between himself and Clifton had been dissolved; that he did not sign the note, nor authorize Clifton to sign it for him, and that the consideration therefor was not received by him or by the firm of Clifton & Wadkins.

There was a jury trial, resulting in a verdict for the plaintiff, and the…