Jacobs v. Jacobs

On appeal by defendant, in an action on a non-negotiable promissory note, from a judgment for plaintiffs entered December 23, 1936, judgment unanimously affirmed, with costs. The note was coneededly made, was dated March 1, 1926, and was due ten years from date. Defendant paid interest on it without objection or protest for nine years, but refused to pay the principal and one year’s interest at maturity, and, when sued, pleaded want of consideration. On the proofs of both parties this defense was without substance or merit, and as a matter of law was not established. Defendant urges as…