Martin v. Monroe

Martin as executor of J. J. Monroe brought suit • against L. D. Monroe on a promissory note of which the follow- • ing is a copy: “By the first day of January next, I promise to-pay James J. Monroe, or bearer, the sum of twelve hundred dollars for his interest in his father’s estate. Value received. This April 11, 1887. [Signed] L. D. Monroe.” To this suit the defendant pleaded, that at the time of the execution of the ■ note sued on the payee therein entered into an agreement in writing that defendant should never be sued on the note, and further released him, at his option, from the payment…