Johnson v. Bank of Tallapoosa

(After stating the foregoing facts.)

Only the second headnote needs , to be enlarged upon. On the trial of the case the defendant swore in part as follows: “When the exchange was made of these two notes I did not indorse the note I am now sued on. Nothing was said about me indorsing it. Later on, Mr. Davis, as such cashier of the bank, asked me to indorse the note I had exchanged to the bank, he saying the bank could not enter suit against the Browns unless I did indorse the note, to make the title of the bank complete. I first refused to indorse it, but Mr. Davis, the cashier, told me that I…