Yell v. Davis

This is an appeal from a judgment against plaintiff in error, herein referred to as defendant, upon a promissory note.

In the trial below defendant presented two defenses, (1) the statute of limitations, and (2) that defendant signed the note sued upon as surety only, and that the payee, plaintiff below, took a chattel mortgage from the principal maker as security for said note in addition to defendant’s signature as surety, and that plaintiff willfully and negligently failed and neglected to enforce the chattel mortgage and permitted the property to be lost or dissipated, whereby defendant is…