France v. Ruby

Action on a promissory note for $977.54, given by the defendant to one I-Iarvey on the 21st day of April, 1883, arid payable five days after date. Plaintiff’s petition was in the usual form, with the additional allegation that on the 23d day of August, 1909, and while plaintiff was still the owner of the note, defendant wrote a letter to plaintiff as follows: “Beaver City, 8-23-’09. Mr. France — Dear *215Sir: In regard to that note it is impossible to do anything about it. I have nothing to pay with. This is the third year in succession for crops to burn up here, so you see we are in no position…