Sutton v. McClain

The action from whence this appeal comes was begun on January 8, 1931, by suit filed by the Lee County National Bank against M. Lesser, surviving partner of the firm of O. C. Sutton Company, and Mrs. Gladys Maberry McClain to recover on a promissory note executed by the defendants. Mrs. McClain answered on April 6, 1931, admitting the allegations of the complaint, but, further pleading, alleged that she was an accommodation maker of the note and entitled to judgment against M. Lesser and the partnership in the event she was compelled to pay the same. She set out the nature of the assets…