Northwestern Bank v. Moretz

WHICHARD, Judge.

Plaintiffs complaint demanded judgment against defendant for the balance due on a promissory note. Defendant’s answer pleaded, inter alia, that the note was delivered subject to a condition precedent that plaintiff would “pursue every possible effort” to collect the sum due from one Clyde Baker by prosecuting Baker for giving plaintiff a worthless check in payment of the sum due; and that plaintiff had willfully failed to fulfill the condition precedent, thereby relieving defendant of any obligation.

*711Plaintiffs evidence showed the following:

Clyde Baker applied to plaintiff for…