Ketterson v. Inscho

NEILL, Associate Justice.

This suit was brought by appellee on August 23, 1906, against appellants to recover a balance of $300, with interest and attorney’s fees, due on a promissory note for $500, made by the latter to the former June 16, 1905, and payable six months after date.

The defendant Ketterson answered by a general denial, a plea of failure of consideration, and of accord and satisfaction. Heaton, in addition to the matters pleaded by his codefendant, pleaded that he was an accommodation endorser, and that plaintiff, knowing such fact, had failed to fix his liability by instituting…