Marvin E. Jewell & Co. v. Thomas

Plaintiff-appellant, Marvin E. Jewell & Company (Jewell), a partnership, filed this action against defendant-appellee, Dale A. Thomas, seeking damages of $141,000 plus interest, representing payments made by Jewell to the Union Bank and Trust Company (Union Bánk) in paying off a promissory note. Jewell alleged that it paid the note only after Thomas did not pay it when due and that Thomas, as a party accommodated, owed the amount of the note to Jewell.

Thomas, in his amended answer, denied he was a “party accommodated” and alleged that any amount paid by Jewell to Union Bank was in payment of…