Kahan v. Schonwald

This action was instituted by the defendant in error, hereinafter referred to as plaintiff, against plaintiff in error, hereinafter referred to as defendant, to recover a balance alleged to be due on a 90-day note executed by the defendant to the plaintiff for services rendered as a surety and on which note $250 had been paid.

The defendant admitted the execution of the note and the payment thereon, but pleaded failure of consideration and an oral agreement on the part of the plaintiff to accept the payment made in full satisfaction of the note as defenses to the action. The cause stood at…