Fourticq v. Fannin Bank

SAM D. JOHNSON, Justice.

Suit upon a promissory note and guaranty thereof brought by Fannin Bank, appel-lee, against Robert Martin and the appellants here, E. J. Fourticq and Morris Jaffe. After a settlement was reached with Martin, Fannin Bank took a non-suit as to that defendant. When the case was presented on its merits the trial court withdrew the case from the jury and gave judgment as prayed for to the plaintiff, Fannin Bank, against Fourticq and Jaffe.

Between the taking of the non-suit and the trial certain events occurred which are determinative of the outcome of this case. On October…