Fambro v. Keith

NEILL, Associate Justice.

Appellee sued appellant on a promissory note, alleging that the note was made to him on February 21, 1903, by James T. Polley and F. W. Fambro for the sum of $204.50, payable thirty days after date with interest from date at the rate of ten percent per annum; that while the note was signed -by each maker as a principal, as a matter of fact, Polley was the principal and Fambro his surety thereon; that since the note matured and before the institution of the suit Polley died leaving his estate insolvent.

The defendant Fambro answered by a general denial, and pleaded…