Everett v. Westmoreland

Simmons, Justice.

Stockton gave bis promissory note payable to the order of Westmoreland, Westmoreland indorsed it to Everett, and Everett indorsed it to tbe Bank of the State of Georgia. Everett sued Westmoreland as first indorser on the note, alleging that Stockton had failed to pay it, and that the holder, the Bank of the State of Georgia, had duly protested it for non-payment; that “ notices were served upon the plaintiff and said defendant; and plaintiff, after calling upon defendant to pay said note as payee and first indorser, who failed and refused so to do, was compelled to pay the…