A. C. Taylor, of the Estate of E. L. Martin, (Also Known as EFF Lynch Martin), Deceased v. H. C. Orton

LINDLEY, Circuit Judge.

Plaintiff’s suit to recover upon a promissory note resulted in a judgment against defendant in the District Court, entered without trial, upon the pleadings. In his answer, defendant admitted execution of the note but asserted, as a second defense, that on May 18, 1947, he executed and delivered a note for $50,000, due in one year, to E. L. Martin without any consideration therefor, upon the payee's inducing statement that he would at no time call upon defendant to pay it; that when the note came due, the payee had died; that his son represented to defendant that he…