Graves v. Graves
Court of Appeals of Kentucky
Error to the Washington Circuit. Pet. & Sum, Case 55. Case slated anci Issue. The evidence ns the case. An agreement between several children of a testator to contribute to raise a fundtomakeone equal with the others, and the payment thereof and execution of notes therefor, is a good consideration to sustain a note given by a parly to such agreement for his proportion of the sum agreed to be paid.
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Error to the Washington Circuit. Pet. & Sum, Case 55. Case slated anci Issue. The evidence ns the case. An agreement between several children of a testator to contribute to raise a fundtomakeone equal with the others, and the payment thereof and execution of notes therefor, is a good consideration to sustain a note given by a parly to such agreement for his proportion of the sum agreed to be paid. The instruction which should be given upon the facts as presented in the bill of ■exceptions.
1Opinion of the Court
Judge Marshall
delivered the opinion of Ihe Court.
This was an action by petition and summons, on a note exected by J. Graves to N, Graves, for $318. The defendant pleaded that he executed the note “as a promise to give the plaintiff, who was his brother, a mere gratuity, and without any good or valuable consideration whatever.” To which the plaintiff replied that the note was not given to him by defendant as a mere gratuity, but because he was the brother of the defendant, and because the defendant was indebted to him, and was given for a good and valuable consideration, concluding to the…
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