Sword v. Spry

Special findings of fact were made by the court, and it appears from the record that the plaintiff, appellant herein, obtained the promissory note involved in the following manner from one Daniel Burkey. Previously, appellant held a note of said Burkey in the principal sum of $1,600, with interest due in the amount of $96, as evidence of a loan. Upon maturity of said $1,600 note, in March, 1918, appellant presented it to said maker for payment, and instead of satisfying the obligation by the payment of money, the obligor delivered to appellant, in discharge thereof, the note in suit, executed…