Liberty Bank & Trust Co. v. Pergantis

This is an appeal from a decision for the defendant on the plaintiff's action to recover money alleged to be due under a promissory note. The gist of the defense was want of consideration. Specifically, in his answer the defendant admitted that he had executed the note in question and that he had refused to pay after demand, but he denied that he had received the principal amount recited in the note or any other consideration.

According to the trial judge's Report, at the trial there was evidence tending to show:

“1. That on July 29,1985 the Defendant, George Pergantis, executed a promissory…