Johnston v. May

This was a suit by the appellant, .as plaintiff,, upon a promissory note for eleven hundred dollars, dated March 29th, 1875, executed by the appellees, George A. Maj and Benjamin R. Gregory, and payable eight months after-date to the order of John H. Vajen. On the back of said, note the following memorandum had been written, to wit:: “Two hundred fifty-three dollars and fVxr, paid on this note-April 1st, 1875, a sum in excess of indebtedness for which, this note is given.” In his complaint, the plaintiff alleged, in substance, among other things, that, at the time of the-execution and before…