Utterback v. Farmers' National Bank

Opinion op the Court by

Commissioner Hobson

Affirming.

In September, 1927, appellee instituted this action against appellants to - recover on a note for $5,000 executed by them to it. The court sustained a demurrer to the answer of appellees A. C. Jones, H. C. McDonald, and L. L. Ware. He overruled the demurrer to the answer of appellees J. D. Utterback and John H. Utterback. The issues were made up, and at the conclusion of the evidence for the defendants the court peremptorily instructed the jury to find for the plaintiff. The defendants appeal. The facts are these:

John W. McDonald, for a…