T. M. Dover Mercantile Co v. Gates

TEEHEE, C.

Appellant, T. M. Dover Mercantile Company, as plaintiff, sued ap-pellee, J. W. Gates, defendant below, to recover on a promissory note.

By appropriate pleadings plaintiff alleged execution, delivery, maturity, and nonpayment of the note, reciting that the consideration therefor was that plaintiff had' paid certain assessments levied against defendant as a stockholder in a certain banking institution for the purpose of its continuation in business, which act of plaintiff was by defendant ratified in the giving of the note sued on.

Defendant, admitting execution and delivery of the…