Gilliland v. Mount Vernon Hotel Co.

While the judgment under appeal is on a promissory note, the issue for determination is the validity of a compromise and settlement of mutual claims and demands which appellant asserts to be void because of respondent’s concealment. In multifarious variations, appellant assigns error upon the rejection of its five affirmative defenses to the note, which, however, distill into the three following questions:

1. Was the nondisclosure of thé respondent that he was the owner of the note a fraud on appellant?

2. Did appellant prove that there was no consideration for the note?

3. Did appellant prove…