Vinson v. Garland

1. Where A is indebted to B and B afterwards gives his promissory note to A for an indebtedness to A, they can afterwards, by agreement, cancel the mutual indebtedness, and agree that B’s note to A shall be considered canceled and paid' in consideration of B’s releasing A from A’s indebtedness to B. In a suit against B on the note, a plea setting up payment of the note by virtue of such agreement between A and B sets out a good defense and is not subject to general demurrer.

2. In a suit upon a promissory note, an amendment to the defendant’s plea which alleges that after the execution of the…