Martin v. Abernathy

— Plaintiff, as trustee of the estate of 11. (I. Salyer, deceased, brought suit on a promissory note executed by defendant, which including interest, amounted to $567.70. Defendant, answering, admitted execution of the note but pleaded payment. Verdict and judgment was for defendant and plaintiff has appealed.

The payment alleged in defendant’s answer was not a payment in cash, but'payment through defendant giving to R. G. Salyer, deceased, a mortgage on certain lots in the city of Cassville securing a note in the sum of $2300, which' note included the principal and interest of the note…