Boelte v. West

JANVIER, Judge.

This is a suit on a promissory note. Frederick W. Boelte alleges that he is the holder and owner of the said note, dated August 28, 1933, for $150, made by Milton George West, payable in monthly instalments of $6 each on the 15th day of each month commencing on October 15, 1933; that $32 has been paid on account and that there is an unpaid balance due of $118.

Defendant maintains that the suit is not in reality on the note, but is for the balance due on a contract, the note evidencing merely the amount to be paid under contract, and that, since his breach of the contract, if…