ELLIOTT ET AL. v. HARRIGILL

No. 41987.

241 Miss. 877 (1961)

133 So.2d 612

ELLIOTT et al. v. HARRIGILL.

Supreme Court of Mississippi.

October 23, 1961.


Attorney(s) appearing for the Case

Bernard W.N. Chill, Ben H. Walley, Jackson, for appellants.

Wm. A. Bacon, Jackson, for appellee.


GILLESPIE, J.

Section 239, Mississippi Code of 1942, requires the maker of a note be joined as a party defendant in a suit against the endorsers. The question in this case is whether the requirement of Section 239 is satisfied when the holder sues the endorsers in chancery without joining the maker, then sues the maker in a separate suit in the same court which is consolidated with the first suit without objection by endorsers...

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