Benge's Administrator v. Eversole

Opinion of the Court by

Judge Miller

Reversing.

On September 12, 1910, Miss E. J. Benge instituted this action against L. P. Garrison, Abner Eversole and James F. Marcum, on a promissory note dated January 15, 1909, by which the defendants bound themselves to pay the plaintiff $1,000.00, six months thereafter.

Eversole answered separately, alleging that he signed the note as surety for Garrison, the principal debtor, who was insolvent, and that on the-day of September, 1909, which was after the maturity of the note, he had given Miss Benge written notice, in person, “to sue on said note, and to…