Emerick v. Emerick

This case is here on appeal by the defendants, P. T. Emerick and Mattie Emerick, husband and wife, from a judgment entered against them and in favor of the plaintiffs, Myrton J. Emerick and Bessie Emerick, husband and wife, for $700, together with interest and attorney’s fees, based on a promissory note.

The complaint is in the usual form for actions on promissory notes. The defendants in their answer admit the execution and delivery of the note, but seek to prevent recovery thereon by the plaintiffs on two grounds, (1) payment of the note by the defendants, and (2) adjudication in a previous…