Giletti v. Saracco

This is an appeal by defendant upon the judgment-roll alone from a judgment in favor of plaintiff.

The action was upon three certain written obligations in the nature of promissory notes, for the payment of money, made by appellant to respondent, payable to the. latter on demand, and delivered to him by appellant. *430In the answer the execution by appellant of the said obligations is not denied; but it is averred that as to one of the obligations appellant was, by agreement, not to be obliged to pay the same until he “ should be able to pay the same,” and that it is not due—although he does not…