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JOYNER v. GRAYBEAL

132 S.E.2d 467 (1963)

204 Va. 543

J. P. JOYNER v. C. S. GRAYBEAL et al.

Supreme Court of Appeals of Virginia.

September 11, 1963.

Attorney(s) appearing for the Case

Jay A. Price, Christiansburg (Snidow, Devore & Price, Christiansburg, on brief), for plaintiff in error.

Max Jenkins, Radford (John M. Goldsmith, Radford, on brief), for defendants in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON and CARRICO, JJ.

I'ANSON, Justice.

C. S. Graybeal, plaintiff, obtained a judgment by confession on a negotiable promissory note against R. S. Altizer, the maker, and J. P. Joyner, indorser. Thereafter the defendant, Joyner, served notice on the plaintiff, pursuant to § 8-357, Code of 1950, 1957 Rep. Vol., that he would move the trial court to set aside the judgment against him on the ground that the plaintiff had released him from liability as an indorser on the note. Altizer...

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