Somerall v. Citizens' Bank

This is the second appeal in this case. 208 Ala. 501, 94 South. 476. As there stated the action is by the Citizens’ Bank of Brewton against appellants as in-dorsers of a negotiable promissory noté executed by F. L. Riley, payable to C. P. Deming and A. Cunningham, and by them indorsed to plaintiff. The pleadings have not been changed. For completeness of present statement we repeat that the special defense relied upon was that defendants had indorsed the note sued upon in renewal of a former note, with the understanding and agreement that their indorsement should not become operative and…