Breckenridge Hotel Co. v. J. M. Radford Grocery Co.

On rehearing the appellant earnestly insists that article 5936, §§ 63 and 64, Vernon’s Ann. Civ. St., and the opinion in Waters v. Atlanta Nat. Bank (Tex. Civ. App.) 261 S. W. 153, require the holding in this case that appellee was not entitled to recover. In the case cited the court held that the appellant, Waters, was shown by the nóte itself to have been an indorser, and that therefore the judgment against him was erroneous, since he had never been served with notice of the maker’s default. The only way. that the-decision could furnish any analogy supporting • the appellant’s contention in…