Foster's Admr. v. Metcalfe

Opinion op the Court by

William Rogers Clay, Commissioner

— Reversing.

On December 5th, 1904, Thomas Metcalfe executed and delivered to Thomas J. Foster his promissory note, by which he agreed and promised to pay, one year thereafter, to the order of said Foster the sum of $2,000.00, with interest thereon at the rate of five per cent, per annum from date until paid. No part of this; note was paid, except the interest thereon up to December 5th, 1907.

On January 19th, 1906, Thomas Metcalfe executed and delivered to Thomas J. Foster a certain promissory note, by which he agreed and promised to pay,…