Eilers v. Frieling

The matters in controversy are only those as between plaintiff, the payee of the note in suit, and Wagoner, whose obligation thereon is only that of surety. The note bears date of September 10, 1922, is due and payable March 1, 1924, is for $1,600, and bears interest “at the rate of 6 per cent per annum, payable annually.” The note was signed by Fritz Frieling and his wife, Sophia Frieling, and the appellee J. H. Wagoner. There is involved in this litigation no issue as between the plaintiff and the ■ Frielings. The various complaints of the appellant will be noted as we proceed.

The appellant…