Rust v. Rust

On Second Motion for Rehearing.

BROWN, Justice.

Defendant in error, in his brief and in his motion for a rehearing, ignores the principle of law that governs the disposition of this cause.

If there be a bona fide claim on the part of A that B owes him, and B executes a note to A because of such contention, B cannot raise, as a defense, no consideration for the execution of the note. The consideration is the settlement between the parties, based on the claim made.

The evidence in this case establishes, without dispute, that plaintiff in error asserted what he believed to be a bona fide claim that…