Lawhead v. Stewart

I cannot agree to an affirmance of the judgment in this case. I think we are bound by the finding of the jury on the question of notice to the bank of the so-called “side agreement,” and I concur in the syllabus statement of law. My dissent goes to the application of this law to effect a release of the makers and endorsers of the note in question.

The note sued on is a negotiable promissory note, necessarily contains an unconditional promise to pay, and the original obligation was negotiated before maturity. It is said that at and before the same was negotiated and discounted by the First…