Waggoner v. Dorris

This is an action on a promissory note of $Í25. The note is not negotiable, as the words “to the order of” were stricken out. It is signed by Collins, Woods, and Dorris, with nothing to indicate who is maker or surety.

Dorris’ defense is that he signed as an accommodation surety for Collins upon the express condition that he would procure one Burns to sign the same as joint surety with them before the note should be delivered to S. F. Waggoner, who.has since died.

The action originated in a justice of the peace court where judgment was rendered for the plaintiff for the amount of the note and…