Livingston v. Cooper

Charles O. Livingston brought his action in the Circuit Court of Duval county against Charles P. Cooper, executor, &c., of John Roberts, deceased, to recover upon a note of which the following is a copy: “$250.00. Jackson*293ville, Dec. 29th, 1876. Sixty days after date I promise to pay Mrs. E. G. Magruder, or order, two hundred and fifty dollars for value received, and after the expiration of sixty days drawing ten per cent, per month interest.

[Signed,] “John Roberts.”

[Endorsed.] “E. G. Magruder, E. G. Rushing.”

The defendant pleaded, first, no consideration in law to support the promise. Second.…