Marberry & Son v. Farmers & Mechanics National Bank

HEAD, Associate Justice.

Appellee sued appellants in the court below to recover a balance alleged to be due on a promissory note for $5500. Defendants answered, (1) by general demurrer, (2) by general denial, (3) by plea of payment, (4) that plaintiff had converted to its own use Stephens County warrants to the amount and value of $1391.20, deposited by them with it as collateral security for the payment of the note sued on.

The evidence developed that at the time of the execution of the $5500 note, appellants also executed another note for the sum of $1986.28, and deposited with appellee…