Harrod v. Black

JUDGE PETERS

delivered tiie omnion op the court :

The defense to the action relied upon by appellees amounts only to this, when analyzed, that, at the time they executed their note to appellant, Black owed Kirk ninety dollars less than the note was executed for, and to that extent there was no consideration.

In a controversy between Kirk and appellees, there cannot *181be a doubt that the defense would be available; but as between appellant and them, a different question arises.

Harrod was, at the time of the execution of the note, the creditor of Kirk for a larger sum than that secured by the note…