Waugh v. Hood

Maxwell, President:

On this certificate there is involved the sufficiency of a bill in chancery, whereunto the trial chancellor sustained a demurrer and certified his action to this court for review.

The plaintiffs H. Roy Waugh and G. 0. Young, allege in their bill1 that in December, 1928, they jointly executed to the Peoples Bank of West Virginia, a banking institution of the City of Buckhannon, their note for $2,-*292200.00; that thereafter the note was reduced by payments credited thereon; that in the early part of 1929 the bank was closed for liquidation and Smith Hood, defendant herein,…