Whitley v. Hudson

An action upon a promissory note was brought in the court below by W. B. Hudson, as surviving partner of L. N. Hudson & Brother, against Mrs. S. E. Clegg and C. R. Whitley. The latter signed the note apparently as principal. Mrs. Clegg filed a plea of non est factum. Whitley, among other things, set up that he was only a surety upon the note sued on, and prayed that in the event of a recovery by the plaintiff, the fact of suretyship be established by the judgment. There was a verdict for the plaintiff against both defendants. Each made a separate motion for a new trial, and the bill of…