Judges: BUFORD, C.J. —
Attorneys: Carey Askew, for Plaintiff in Error;
S. Henry Harris and J. Uhle Bethell, for Defendant in Error.
Filed: Jun. 30, 1931
Latest Update: Mar. 02, 2020
Summary: In this case the plaintiff in error sued the *Page 262 defendant in error upon a covenant under seal contained in a mortgage to the effect that the defendant "did promise, covenant and agree to pay the plaintiff, his executors, administrators or assigns, the sum of $30,000.00 together with interest thereon as evidenced by six certain promissory notes dated November 16th, 1925, executed and delivered by the defendant to plaintiff, each note being in the sum of $5,000.00 each payable on or before
Summary: In this case the plaintiff in error sued the *Page 262 defendant in error upon a covenant under seal contained in a mortgage to the effect that the defendant "did promise, covenant and agree to pay the plaintiff, his executors, administrators or assigns, the sum of $30,000.00 together with interest thereon as evidenced by six certain promissory notes dated November 16th, 1925, executed and delivered by the defendant to plaintiff, each note being in the sum of $5,000.00 each payable on or before M..
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I think the declaration showed a prima facie cause of action in favor of plaintiff and that it was error to sustain a demurrer to it. At the same time the manner of execution of the notes and mortgage is such as to entitle defendant to show
by plea that he is not personally liable. There is more to this case than if the mere word "trustee" or "as trustee" had been added. I therefore concur in the reversal.
WHITFIELD AND TERRELL, J.J., concur.
