Elmore v. Fanning

The opinion of the court was delivered by

Benson, J.:

This is an action against the joint makers of a promissory note to which is attached a mortgage upon a growing crop of wheat. The note by its terms became due August 1, 1904. On August 29, 1904, W. K. Fanning, one of the joint makers and who was in fact a surety, delivered to the payee- $55, and informed him, and he then knew, that the money was *502the proceeds of the mortgaged wheat which belonged to M. E. Fanning, the other joint maker, and that the payment was made at his request. The payment was indorsed upon the note. August 29, 1909, was…