First State Bank of Denton v. Smoot-Curtis Co.

BROWN, Justice.

Appellee, Smoot-Curtis Company, a private corporation, was a going concfern, pri- or to April' 17th, 1936, and on such date owed appellant, First State Bank of Den-ton, a balance on an old indebtedness evidenced by a promissory note. The balance amounted to $2,960, and, on said date, a note was executed in renewal of such debt, the note being signed as follows:

“Smoot-Curtis Co.

“Homer S. Curtis.”

Homer S. Curtis was the president of such corporation when the renewal note was issued.

Appellant Bank brought suit upon the note as against the corporation, and Homer S. Curtis, seeking…