Olsen v. Chappell

CALLISTER, Justice:

Plaintiff, assignee of a promissory note, brought suit against the defendant, a comaker. The defendant admitted the execution of the note and its default, but contended that the payee had, by words and conduct, released him from any obligation to pay the note. The jury, in answer to special interrogatories, found in favor of the defendant. However, the court granted plaintiff a judgment notwithstanding the verdict and defendant appeals.

A recital of the facts are unnecessary except to point out that there was no written instrument of release, no consideration, and the note…