McNew v. Dunn

Holding

In a motion for judgment filed below, First National Exchange Bank of Virginia sought recovery of the balance due on a promissory note executed by Charles T. McNew, Thomas B. Dunn, and three other persons. McNew filed in the same action a cross-claim against Dunn, alleging that the latter was or might be liable to McNew for all or part of the claim asserted by the bank against McNew. Dunn answered the cross-claim timely, admitting some of its allegations and denying others.

In the original action, the trial court entered judgment in favor of the bank against all the defendants. This judgment has become final and is not the subject of any assignment of error in the instant appeal.