Cromb v. Cole

The opinion of the court was delivered by

Harvey, J.:

Cromb sued Cole on a promissory note for $1,600. Cole answered that he had signed the note as surety for one Teeters and at the request of Cromb, who agreed to deliver to Cole, as a consideration for his signing the note, a note for $600 which he held and which had been executed by Teeters and secured by a mortgage on an automobile, and that Cromb had failed and neglected to turn the note and mortgage over to him. Cole, in his answer, also alleged that Ross and Waldo had taken the mortgaged automobile, claiming to have a prior lien thereon,…