Butler v. Merchants National Bank of Mobile

BARROW, Justice.

The Merchants National Bank of Mobile, Alabama, filed this suit against W. Butler, also known as Jack Butler, on a note executed by him, dated September 1, 1949, for the sum of $10,650, payable on demand, and secured by a collateral assignment of defendant’s commissions as payable by the insurance companies for which he worked. Defendant’s original answer consisted of a general denial and a plea of limitation, under Art. 5527, Rev.Civ.Stats. of Texas.

Plaintiff filed an amended petition in which it alleged that defendant had made payments on said note as late as August 16,…