Rodgers & Hagerty, Inc. v. Baker

Taulane, J.,

This is a rule for judgment for want of a sufficient affidavit of defence.

The suit is on a promissory note made and delivered by the defendant at Ocean City, New Jersey, for $6000 and payable to the order of the plaintiff on Sept. 1, 1925, at the First National Bank, Ocean City, New Jersey.

*287The defence is that at the time of the execution and delivery of the note, and as an inducement thereto, the plaintiff orally agreed with the defendant that “if said maker (defendant) should pay $1000, together with the entire interest upon said note, at maturity, plaintiff would then renew said…