Toombs v. West & Obear

Lumpkin, Justice.

This was an action by West & Obear against Toombsupon a promissory note payable to them. The defendant’s plea alleged, in substance, as follows: The plaintiffs, being agents of the Manhattan Life Insurance Company, desired to issue a policy on the life of one Tumlin and to obtain the defendant’s note for the premium thereon. In order to induce him to give the note, they promised to procure Tumlin an appointment as agent of' the company, and represented that he could soon realize enough from his commissions to pay off’ the note, it-being expressly agreed between the parties to…