Oliphant v. Markham

GAINES, Associate Justice.

The plaintiff sued J. S. Markham and Thomas W. Markham upon a promissory note executed by them payable to her. J. S. Markham did not answer, but Thomas W. Markham appeared and pleaded, alleging, first, that the note was given for an illegal consideration and was therefore void, and in the second place that it was executed by him under duress.

In support of the first ground of defense it was alleged that the original consideration of the note was money loaned to and advanced to J. S. Markham by one J. B. Jones, as agent for the plaintiff, under the following…