First State Bank of Bellaire v. Olde Colony House, Inc.

McDonald, Chief Judge.

This is an appeal by plaintiff bank from a (partially) adverse judgment in a suit against the maker and endorser of a note.

Plaintiff bank sued defendant Olde Colony House, Inc., (a furniture store), the maker, and defendant Calmes, the endorser, for $28,344.52 balance due on a note payable to plaintiff. Defendant Olde Colony by answer, admitted making the note, but alleged plaintiff had seized and converted furniture not covered by the trust receipt securing the note, and prayed that the note be offset and credited with the value of such furniture. Defendant Calmes…