Kirkpatrick v. Taylor

This was an action of assumpsit brought by Taylor, as administrator of Elizabeth Kirkpatrick, against the appellants, upon a promissory note, executed by them to Elizabeth Kirkpatrick. The defendants pleaded, that the note was given to secure the support and maintenance of Elizabeth Kirkpatrick, the widowed mother of one of the makers, during her natural life, with an agreement, that it should be surrendered at her death as null and void; that there was no other consideration; and that the said Elizabeth is dead, whereby the consideration of said note has failed. To this plea the plaintiff…