Boyle v. Webb

— This appeal presents questions of pleading and evidence.

The plaintiff, W. T. Webb, on January 7, 1938, commenced the action against defendant, J. R. Boyle, on a past-due promissory note for $12,825 and to foreclose on some shares of stock of the Seventy-Six Cattle Company, pledged by Boyle as collateral to the note.

Thereafter, and within the time fixed by law, the defendant filed an answer which, in effect, admitted the execution and delivery of the note to Webb but averred that at the time he and Webb were partners in the cattle business and that it was given with the agreement that it…