Elrod v. Trussell

SIMPSON, Justice.

This is an action on a promissory note by A. R. Trussell who died subsequently to the filing of the suit. The suit was revived in the name of his son A. G. Trussell, the *385appellee. Judgment was for the plaintiff and defendants have appealed.

The note was signed by J. J. Elrod and C. L. Colvin, the appellants. The court submitted Counts One, Three A and Four to the jury. Count One was substantially in code form and under a videlicet alleged that the note was executed on July 13, 1951, and payable on April 15, 1952. Counts Three A and Four were substantially the same except they…