Richards v. Osborne

This is an action brought by Beulah Osborne, as executrix of Salina Phillips, against Frank Richards and others, to recover a balance due on a certain promissory note for $1,000. The defendants pleaded specially a payment in the sum of $550. By trial amendment the plaintiff was permitted to plead that the receipt of Salina Phillips, acknowledging the payment of said sum of $550 was without consideration, The case was submitted to a jury under instructions from the court, and a verdict was returned in favor of the plaintiff, and from a judgment based thereon defendants have appealed.

It is…