Heaton v. State Nat. Bank

This suit was brought by appel-lee bank against W. S. Heaton, George Bury, and R. Vickery, upon a promissory note, dated May 15, 1908, due 90 days after date, in the sum of $2,500, stipulating for 10 per cent, interest and 10 per cent, attorney’s fees. The note sued upon was made an exhibit to the petition, and was executed by R. Vickery, “as security.” Defendant Vickery replied by general demurrer and special demurrer, because there was a variance between the allegations in the original petition and the exhibit, in that the original petition declared against him as a maker, while the note…