Peden v. Carpenter

REYNOLDS, Justice.

The defense of payment was interposed to a suit on a note. The evidence supports the trial court’s finding that the payments made were lawfully applied to another debt owed by the maker of the note to the owner. Affirmed.

Plaintiff J. R. Carpenter instituted this suit to recover on a demand note executed by defendant Clem Peden on October 17, 1968, and made payable to Carpenter in the sum of $2,500, bearing interest from maturity at the rate of 6½% per annum. Pe-den pleaded payment. The note, introduced in evidence, reflects no payment credited thereon, Carpenter having…