Kimmel v. State ex rel. Anderson Banking Co.

On Petition for Rehearing.

McMahan, J.

Appellants on petition for rehearing insist that the bankruptcy of Jenkins and Hines dissolved the partnership existing between Jenkins, Hines and Dalton and that he cannot be held liable for the payment of money which Dalton borrowed from appellee banking company.

*179*178He contends and cites numerous authorities in support of the contention that, being an accommodation surety, he has a right to stand on the strict letter of his contract; and that it is no concern of his what the result of such construction may be. The fault with this contention is the common…