Everett Fire Department Credit Union v. Mitchell

This is an action of contract to recover the balance of $325.00 due on a promissory note dated October. 27, 1956. Defendant Joyce died and the action was discontinued as to him. Defendant Neal defaulted. Defendant Mitchell, hereafter referred to as the defendant, answered by way of general denial and set up affirmative defenses alleging lack of consideration, that the note was executed by him for the accommodation of the plaintiff, that no presentment or demand was made on him, and that the note was not “made in .conformity with the by-laws of plaintiff or the law of the Commonwealth”.

The…