Luker v. Kells

BERRY, Justice.

Plaintiff in error, defendant in the trial court, has appealed from a judgment entered for defendant in error, hereafter referred to as plaintiff, in an action brought to *513recover upon a promissory note. The appeal to this Court is upon the original record

Plaintiff alleged defendant’s execution and delivery of a promissory note in the amount of $3,600.00, dated January 1, 1960, payable upon demand according to terms of the instrument; plaintiff was the owner and holder thereof and default had been made in that defendant had refused to pay upon demand; that the note provided for…