Deborde, Administrator v. Moore

Opinion of the Court by

Commissioner Hobson

Affirming.

J. W. DeBorde brought this suit against appellees to recover on a note for $515.00, executed by them to him. By their answer they pleaded: (1) That the note was without consideration; (2) that at the time it was executed one B. C. Westfall was confined in the county jail of Montgomery county on a criminal charge preferred against him by J. W. DeBorde for uttering a cold check, and that DeBorde agreed with them that if they would execute and deliver to him the note sued on, he would not appear against Westfall and would not further prosecute…