Southern Mining & Mineral Corp. v. Poythress

Smith, G. J.

The appellee sued the appellants on a promissory note executed by the Southern Mining & Mineral Corporation, and indorsed by the other appellants, and from a judgment awarding him a recovery thereon the appellants have brought the case to this court.

A demurrer to the appellee’s declaration, one of the grounds which is that the declaration failed to allege that notice of the dishonor of the note was given to the indorsers, was sustained, whereupon the declaration was amended so as to include an allegation tha£ this notice was given.

One of the appellants’ pleas, among other things,…