Whitestown National Bank v. Lewis

Crouch, J.:

Plaintiff sues defendant on a note for $1,290 payable to the order of plaintiff three months after date. The substance of the defense set up in the answer is that the note was given for accommodation and upon a special agreement that defendant should not be personally liable thereon.

The case was submitted to the jury, defendant had a verdict and the trial court set the same aside and granted a new trial.

In the opinion the trial court, relying upon recollection only, says that the question submitted to the jury was whether there was an agreement contemporaneous with the delivery of…