Potts v. First State Bank of Talihina

Opinion by

WILSON, C.

This is a proceeding in error brought here on appeal from the county court of Bryan county, wherein the defendant in error sued the plaintiff in error to recover a balance due on a certain negotiable promissory note executed by the defendant to the plaintiff. The defendant filed his answer admitting the execution of the note in blank, but pleaded as a defense to the action that he signed it with the distinct understanding and agreement that one Hugh Swift was to sign the same as principal; that the plaintiff thereafter took said note “without securing the signature of Hugh…