Shaw v. Thornberry

Opinion of the Court by

Commissioner Sandidge

Affirming.

Appellee instituted this action to recover from appellants, Mr. and Mrs. John Shaw, makers, -and W. L. Morris, G-. H. Francisco and E. D. Stevenson, endorsers, $1,060.00, the amount of a note held by her. Appellants, the makers of the note, defended upon the theory that in a deal whereby they sold a half interest in a drug’ store to Y. O. Shivel and M. D. Flanary the latter assumed payment of the note and appellee, who then held the note, released them and agreed to look only to Shivel and Flanary. After the evidence had been heard the…