STILES v. LAMBERT

5 Div. 487.

94 So.2d 784 (1956)

Cliff STILES v. H. H. LAMBERT.

Court of Appeals of Alabama.

Rehearing Denied January 15, 1957.


Attorney(s) appearing for the Case

Jerome Phillips, Birmingham, for appellant.

Walker & Walker, Opelika, for appellee.


HARWOOD, Presiding Judge.

In the proceedings below the plaintiff sued the defendant on a promissory note which the plaintiff, as endorser, had paid upon defendant's failure to do so.

The defendant filed pleas of the general issue, and pleas of setoff and recoupment claiming $4,800 by virtue of advance rent paid by the defendant to the plaintiff.

Issue was thereupon joined and after submission of the evidence to the court without the intervention of...

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