Biggers v. Ingersoll

GARDNER, Justice.

Suit on a promissory note, with the defense of accord and satisfaction.

The note, representing borrowed mon.ey, was secured by a mortgage on real estate situated in Phenix City, Alabama. The indebtedness matured in June, 1932, and as late as February, 1935, only five hundred and twenty-nine dollars had been paid thereon, at which time plaintiff suggested to the debtor, who was the owner of the property described in the mortgage, that he be allowed to rent the property. This he did through a real estate agency, and four hundred and thirty-seven dollars additional was so…