Elliott v. Pikeville Nat. Bank & Trust Co.

Opinion op the Court ¡by

Morris, Commissioner

Affirming.

In the suits below appellee was plaintiff; W. K. Elliott, the Elliott Coal Company, the Fannin Coal and Land Company and its officers, Ernest Elliott and A. F. Childers were defendants. W. K. and Ernest Elliott and A. F. Childers are appellants.

At the time of institution of suits W. K. Elliott was president of the Elliott Coal Company, located at Betsy Lane, and vice-president of the Fannin Company, owner of the land on which the Elliott Company had been mining for about twenty years.

In July, 1937, the bank held notes on which W. K.…