Kirby v. American State Bank of Amarillo

Plaintiff in error seeks by this appeal to obtain relief from a judgment awarded against him as indorser upon certain notes sued'upon by defendant in error. Plaintiff in error pleaded as a defense against his liability as such indorser that the notes sued upon were extended by defendant in error for a valuable consideration without his knowledge or consent and without expressly reserving any right of recourse against him.

The basis for this plea exists in a letter written by defendant in error bank to S. W. Sibley, who was the agent of O. S. Carlton, the maker of the notes involved. The letter…