Costin v. Burton-Lingo Co.

KEY, Associate Justice.

Appellee, a private corporation, brought this suit against appellant and recovered judgment against him as endorser upon a promissory note executed by J. H. and J. J. Myles. The original makers of the note were not sued, the plaintiff alleging that they were notoriously insolvent and that their residences were unknown.

The defendant answered by a general and special exception and a general denial. The court below overruled the exceptions and upon trial without a jury rendered judgment for the plaintiff and the defendant has appealed.

The first assignment complains of the…