Wright v. Farmers National Bank

CONNER, Chief Justice.

Appellee, who was the plaintiff below, instituted this suit in the County Court of Clay County to recover $320.41, because of a payment of that sum in satisfaction of a judgment and execution against appellant, and which it was alleged appellant subsequently promised to pay.

The petition, charge of the court and trial all evidently were predicated upon the theory of the subsequent promise. Hence the exceptions to the petition and to the charge of the court and to the refusal of special charges, based upon appellant’s theory that the payment was voluntary, seem immaterial.…