Brass v. Green

Appellant sold a note secured by a chattel mortgage to the State Bank of Woodstock on the day the note and mortgage were executed. He indorsed the note and delivered it together with the mortgage to the bank. Before the note matured the mortgagor sold the mortgaged property to appellee, who had constructive notice of the mortgage, which was duly executed and recorded as required by the statute. The maker of the note made default in its payment, and the bank called upon appellant, as indorser, for payment. Before making payment, appellant commenced this suit of his motion and for his own…