Webster v. Suiter

Defendant appeals from an order of the superior court granting the motion of plaintiff for a new trial. The action was brought upon a promissory note executed by defendant. It was claimed on the part of the defendant that the note had been paid by the assignment of another promissory note owned by defendant. The latter note defendant had delivered to the Bank of Kern with the understanding, as he testified, that it was to be received by said bank in ex-tinguishment of the indebtedness owing by him to plaintiff’s assignor on the note here sued upon, and also in extinguishment of an…