Burwell v. First National Bank

McMahan, J. —

Action by appellee on a promissory note signed by Tobey A. Pence, Herschel O. Pence, Walter K. Burwell and Charlie L. Jagger. Tobey A. Pence filed an answer of general denial. Herschel O. filed an answer alleging his discharge in bankruptcy. Burwell filed an answer in several paragraphs, and being, in substance, as follows:(1) Non est factum; (2) no consideration; (3) that the answering defendant signed the note as surety for Tobey A.. Pence, which fact was known to appellee at the time such note was so signed; that appellee, in order to induce this defendant to sign the note as…