Milstead v. Maples

On February 23, 1934, appellant brought this action in the circuit court of Harrison county on a promissory note, executed in his favor by D. L. Mohler, now deceased, and by the appellee, on January 1, 1928, for the sum of $844.52, due and payable on March 1, 1928, with 6 per cent, interest per annum from date, and providing for a reasonable attorney’s fee. The note was first probated against the estate of Mohler but to no avail, because of the estate’s insolvency.

Appellee filed a special plea to the effect that he was merely an accommodation indorser thereon, and that both the note and his…