Lacy v. Lofton

Gregory, G. J.,

dissenting.—The Bank of the. State sued McGollem, the acceptor, Lofton, the drawer, and Lacy, the indorser, of a bill of exchange. Process was returned “not found” as to McGollem. The ,action proceeded against Lofton and Lacy. Lofton answered that he executed said bill of exchange for the accommodation of Lacy and McCollem, and for their sole use and benefit, and as their surety; that they negotiated it, and received the proceeds thereof; wherefore he prays that the question of suretyship between him and said defendants be tried, on or before the trial of this cause.” Lacy…