Fowler v. Coker

Fowler instituted an action to recover a judgment on a promissory note executed by J. T. Coker and J. B. Bynum for the principal sum of $138.75. The defendant Coker answered, denied indebtedness, and averred that after the execution of the note the plaintiff, for a good and lawful consideration, released him from all liability thereon. The plaintiff, by way of amendment, alleged that the release pleaded by Coker was wholly without consideration, and further that it was obtained by Coker by fraud. The defendant Coker amended his answer and set up, that in the year 1894 this defendant and Bynum…