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STREET v. CURTON

No. 4073.

360 S.W.2d 908 (1962)

Guy STREET, Appellant, v. Ralph CURTON, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 25, 1962.

Attorney(s) appearing for the Case

O. M. Street, Dallas, for appellant.

David G. Copeland, Waco, for appellee.

WILSON, Justice.

Plaintiff's petition alleged that on August 26, 1961 he "loaned to defendant $5,000, whereupon defendant executed a promissory note of the tenor following:". The note in the principal sum of $5000, reciting it was "for value received," was then copied in the body of the pleading. It was a negotiable instrument, dated August 26, 1961. Defendant's pleading admitted execution of the note, but alleged it was without consideration; that it was an accommodation...

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