Duff v. Wilking

*818Opinion op the Court by

Judge Thomas

-Affirming.

On April 3, 1919, appellee, and plaintiff below, K. Z. Wilking, filed this ordinary action in the Breathitt circuit court against the appellant and defendant below, Janies Duff, seeking to recover a judgment against him for the amount of a note' he' executed to- plaintiff on January 30, 1919, whereby he agreed to pay plaintiff on or before February 3 of the same year tire sum of $1,000.00. In the note (which was also signed by plaintiff) following the promise of defendant there is this statement: “And said K. Z. Wilking hereby agrees to surrender…