Berry v. Joiner

STEPHENS, Associate Justice.

Appellant declared on a promissory note executed by the appellees, J. A. Joiner and his father (the latter signing as surety) August 17, 1904, payable to order of First National Bank of Merkel, Texas, eight months after date, in the sum of $1,188. When the note was assigned to appellant, who was an officer of the bank, it was past due. Appellees admitted the execution of the note, but pleaded a discharge of their liability in a settlement made between J. A. Joiner and the bank October 13, 1904. The right of appellant to recover was admitted unless defeated by this…