Swofford Bros. Dry Goods Co. v. Randolph

This action is founded upon a promissory note. The answer admits its execution and sets up certain equities and asks for an accounting and judgment over against the plaintiff.

The court appointed the Hon. H. M. Wilson, referee, who heard the case and miade a finding. As his report states the issues raised by the pleadings and *387finding of facts and his conclusions thereon we adopt it as suitable statement of the case. It is as follows:

“This is a suit on a promissory note for $3200', given by the defendant and his brother, Thomas J. Randolph to the plaintiff. The note is dated May 11, 1896, is…