Larmore v. Peoples State Bank

This action is upon a promissory note executed by the appellant and Warren T. McCray in favor of the appellee. No service was had on the defendant, McCray, and the cause was continued as to him.

Appellant answered in five paragraphs; general denial, want of consideration, failure of consideration, voluntary suretyship and discharge by reason of fraudulent concealment of material facts by the payee, and failure to reveal material facts affecting the obligation known to the payee and unknown to the appellant. The fourth and fifth paragraphs are both designed to set up the defense last mentioned,…