MILLER v. GORDON

No. 15007.

284 S.W.2d 806 (1955)

I. H. MILLER, Appellant, v. Julius M. GORDON, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied December 2, 1955.


Attorney(s) appearing for the Case

Ross H. Scott, Dallas, for appellant.

Leachman, Gardere, Akin & Porter, Henry D. Akin, Dallas, for appellee.


DIXON, Chief Justice.

I. H. Miller, appellant, the holder of a promissory note, filed suit against Julius M. Gordon, the endorser, and pled that he had given notice of dishonor, but in the alternative pled that if he had not given notice, the endorser had waived his failure to do so by making a partial payment. After a trial before the court without a jury, the trial court rendered judgment for the endorser.

Most of the facts are undisputed. Fred Browning...

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