Skiles-Rearick & Co. v. Brooks

Mr. Presiding Justice Graves

delivered the opinion of the court.

Defendant in error, a banking corporation, brought suit on certain promissory notes bearing the signature of plaintiff in error. One of the defenses interposed by him was that the notes sued on were signed by him as surety only and that when he signed his name to them it was expressly understood and agreed between him and the officers of the bank that the principal, the real debtor, should sign the same; that she did not do so and therefore the notes never became a binding obligation of plaintiff in error. At the close of all the…