National Loan & Exchange Bank v. Tolbert

(dissenting) : This is an action upon two promissory notes, made by the defendant T. P. Tolbert and indorsed by the defendant R. R. Tolbert, Jr. Both notes are dated December 30, 1921; one for $5,000 and the other for $4,500, both payable to the plaintiff bank on December 1, 1922. They are renewals, from time to time, of a note for $9,500, dated October 3, 1920, made by T. P. Tolbert to the bank, and indorsed by R. R. Tolbert, Jr.

This action, against both T. P. Tolbert and R. R. Tolbert, Jr., was commenced May 24, 1923, in the Court of Common Pleas for Greenwood County. R. R. Tolbert, Jr.,…