Gulf South Enterprises, Inc. v. Delta Materials Operating Co.

JOHNSON, Judge.

The plaintiff, Gulf South Enterprises, Inc., sued defendant, Delta Materials Operating Company, Inc., on its promissory note dated August 20, 1957 for $30,000, payable to bearer. The note was endorsed by William A. Nichols, Jr., individually. The note also bears an endorsement signed by Ed. H. Litolff, attorney-in-fact for the Summit Fidelity & Surety Company “guaranteeing payment of this obligation as an accommodation endorser.” The said Nichols, Litolff and the Surety Company are made defendants.

Defendant, Wm. A. Nichols, Jr., in this proceeding filed a third party petition…