Zapalac v. Zapp

GARRETT, Chief Justice.

—H..W. H. Zapp, doing business under the firm name of H. Zapp’s Sons, brought suit in the County Court of Fayette County against R. C. Sladek and Y. B. Zapalac, as the makers, and Joseph Farek, as indorser, of a promissory note. Farek pleaded release by failure of the appellee to sue on the note within the time required by law to hold him as indorser, and the appellant pleaded, that although his name appeared on the note as a principal, he was in fact surety for Sladek, the other maker of the note, and that such fact was known to the appellee, and that appellee, with…