NORVELL, Justice.
This is a suit based upon five of a series of six promissory notes, instituted by James M. Tyree against Derward A. Stevens and wife, Elaine Stevens, the makers of the notes, and Elbert S. Cox, the named payee therein. Judgment against Cox was sought upon the theory that he was liable as an indorser. James M. Tyree died during the pendency of the suit and his executor, James Imes Tyree, was substituted as a party plaintiff. Trial was to the court...
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