Phillips v. Gillaspie

McCALEB, Judge.

This is an appeal by Dr. William A. Gillaspie from a judgment rendered against him on his promissory note in favor of 'Mrs. Mabel Phillips, widow of Edward C. Church. Inasmuch as this is the second time the matter has come before us, we believe it to be apt to state briefly a history of the litigation.-

On May 1, 1935, the plaintiff, as holder and owner of a promissory note in the sum of $1,500, executed by the defendant, filed suit against him for recovery.

The defendant' answered admitting the execution of the note, but averred that he was not liable thereon by reason of…