Stack v. Weatherwax

Headnote

Contracts—Validity—Consideration.

Where it appears that, contemporaneously with the execution by defendant of the note sued on, plaintiff executed and delivered to defendant a satisfaction of a judgment which he had against defendant’s son-in-law, a sufficient consideration for the note is shown.

Appeal from circuit court, Montgomery county.

Action by Edward Stack against Charles P. Weatherwax on a promissory note executed by defendant, and payable to plaintiff. It appeared that plaintiff had recovered a judgment for $103 against one Van Loon, defendant’s son-in-law, and that at the time defendant executed the note plaintiff executed a satisfaction of his judgment against Van Loon. Plaintiff’s testimony was to the effect that he had tried to collect the judgment by execution; that defendant came to him and stated that if he would satisfy the judgment against his son-in-law, Van Loon, he would give plaintiff bis note, payable in six months, for $80, in payment of the judgment; that they went to the law-office of Mr. Reynolds, at Amsterdam, who, at the request of the parties, drew the note in suit, and a satisfaction of the Van Loon judgment; that defendant then signed the note, delivered it to plaintiff, and plaintiff signed and acknowledged the satisfaction of the judgment and delivered it to defendant. Defendant testified that he gave the note to procure the release of certain property of Van Loon’s wife, which plaintiff had seized under execution. A ver

diet was directed for plaintiff, and defendant appeals from a judgment entered thereon.