Brewer v. Automobile Sales Co.

This is a suit by the appellee on a promissory note executed by Dan Brewer to the Murphy Motor Company, on which J. W. Cutrer is an accommodation indorser, and of which the appellee became the owner in due course. There was a verdict and judgment for the appellee, from which Brewer and Cutrer have brought the case to this court, though error has been assigned by Cutrer only.

An automobile was sold to Brewer by the Murphy Motor Company partly on credit; the deferred payment being evidenced by a promissory note. When this note became due, a new note, indorsed by Cutrer, was executed in…