Swyers v. Russell

CLEMENS, Commissioner.

Plaintiff executors sued the defendant on a $2,000 promissory note he had given the decedent. The defendant admitted he had executed the note but pleaded it had been “paid, forgiven or compromised.” When the defendant rested his case the court concluded that the defendant had not produced sufficient evidence to support his affirmative defenses and it directed a verdict and entered judgment for the plaintiffs. The defendant appeals, making numerous points but stressing this primary issue: Was a jury question raised by defendant’s evidence that he paid the decedent-payee…