Bank of Amsterdam v. Welliver

This is an action to • recover a balance of $3185.70 alleged to be due plaintiff bank on a promissory note of $4187, dated October 31, 1921, due six months after date, executed to the bank by the defendants Carl Welliver and Burdee M. Welliver, his yife. The note appears to be a renewal of a former note for the same amount, dated December 31, 1919.

Defendants set-up that they were released from said indebtedness, and that said note -was to be surrendered to them pursuant to a proposal made by plaintiff’s cashier, F. E. Alder, to defendants, and agreed to and performed by them, that if…