Speed v. Willow Springs Distilling Co.

*270Opinion op the Court by

Judge Carroll —

-Reversing.

On .October 5, 1906, H. S. Shanks, with the appellant Speed as surety, executed to the appellee company his promissory note for $2,719. This note was given as the purchase price of a lot of whisky bought by Shanks from the appellee company. At the time he executed the note, and to secure its payment, Shanks gave a mortgage to the company on the whisky, which was placed in a warehouse owned by the appellant Speed. . Payments from time to time were made on the note that largely reduced the principal due. After the death of Shanks this action was…