Wheeler v. Thomas

328 S.W.2d 891 (1959)

Ellis D. WHEELER, Appellant,

v.

W. R. THOMAS, Appellee.

No. 6246.

Court of Civil Appeals of Texas, Beaumont.

September 17, 1959.

On Motions for Rehearing October 22, 1959.

Second Motions for Rehearing Denied November 19, 1959.

Adams & Browne, Beaumont, for appellant.

D. H. O'Fiel, Beaumont, for appellee.

ANDERSON, Chief Justice.

Appellant, Ellis D. Wheeler, sued appellee, W. R. Thomas, as surety on a promissory note in the amount of $4,800. The principal on the note was appellee's brother, Dan W. Thomas, who was outside the United States and could not be served with process. The…