Marker v. Quinlan

Faville, C. J. —

Prior to the year 1921, appellant H. M. Marker was indebted to one Wiggins in the sum of $1,118.96. On April 14, 1921, all of said indebtedness being past due, Wiggins sought to secure from Marker a demand note for the full amount then due. The matter was finally arranged between the parties, whereby it was agreed that Marker should give a series of notes representing said indebtedness, and that said notes should run directly to the Farmers & Merchants National Bank, which had agreed to accept the notes, if signed by Marker, and to pay the amount due thereon to Wiggins. In…