Siddens v. Thomas

Opinion of the Court by

Judge Clay

Affirming.

J. Hardy Thomas brought suit against W. M. Sid-dens to recover on a promissory note for $3,075. He alleged that the note was held by the American National Bank as collateral security for a note which he had executed to the bank. The bank filed an answer and cross-petition setting forth that the note sued on was held as collateral to secure certain indebtedness of Thomas. A special demurrer was sustained to the petition on the ground that Thomas could not maintain the action. Thereafter Thomas satisfied the bank’s claim, and it transferred the note to…