Paden v. American State Bank & Trust Co.

(after stating the case as above).

Error is assigned to the overruling of appellant’s motion for an instructed verdict and in granting the plaintiff’s motion for such verdict.

Another assignment is to the effect the evidence raises an issue of fact as to whether Paden was an indorser for the accommodation of the bank, which issue should have been submitted to the jury.

The bank was not a party to the instrument, but the Negotiable Instrument Act (article 5933, § 29, R.S.) provides that an accommodation party is one who has signed the instrument as maker, drawer, ac*245ceptor, or indorser, without…