Mitcham v. London

McClendon, chief justice.

Appeal by plaintiff below from an adverse judgment upon a special issue verdict in a suit upon a promissory note, and to foreclose a lien upon $2,500 of stock of Mclnnis Funeral Home.

Defendant plead three defenses:(1) Non est factum.(2) The note (if he signed it) was wholly without- consideration in that it was signed under the following circumstances (substantially stated) : In order to induce defendant to continue as an embalmer in the business of the corporation and to assist in building up the business, plaintiff agreed to give him $2,500 of the stock of the…