Service Parts Co. v. Culpepper

AYRES, Judge.

This is an action upon a promissory note executed and signed by defendant, payable to plaintiff.

The defense first urged concerns an alleged want or lack of consideration for the execution of the note. In this regard, it is contended that an account representing a pre-existing indebtedness owed by defendant to plaintiff was insufficient to constitute a sufficient consideration for execution of the note, inasmuch as, at the time the note was executed, the account had already prescribed.

*499The second defense, also predicated upon the account, is that the account was prescribed by the…