Bennett v. First National Bank of Norfolk

First National Bank of Norfolk brought this action against Robert H. Bennett for $9,500, with interest, costs and attorney fees, for default in payment of a promissory note dated March 19, 1970, made by Bennett. As grounds of defense Bennett relied on want or failure of consideration, duress and fraud by the Bank in inducing him to sign the note, and conditional or qualified delivery. The trial judge, sitting without a jury, found for the Bank and entered judgment in its favor against Bennett for the amount sued for. We granted Bennett a writ of error.

There is no material conflict in the…