Scott v. Scott

Zollars, J. —

Appellant brought this action to recover upon a promissory note executed by appellee. Two of the assigned errors are the overruling of appellant’s demurrer to the second and third paragraphs of appellee’s answer. Appellee embodied in and based the second paragraph of his answer upon the following written instrument, executed by appellant, viz.:

“January 13th, 1875.

“ I hereby release my claim for six hundred and thirty-seven and dollars, now in the hands of the assignee, against George Scott, bankrupt. E. H. Scott.”

The circumstances which led to the execution of this instrument,…