Elam v. Carruth

The judgment of the court was pronounced by

Eustis, C. J.

This is an action on a promissory note for 3P4'53 22, drawn by the defendant to the order of T. Q. Davidson, and by him endorsed in blank. The defence is that, the note was given to the plaintiff to satisfy a judgment which Berthoud held against him, the defendant; that the plaintiff, who was at the time Berthoud’s attorney at law, agreed to enter satisfaction on the judgment, which was not done, and that defendant has since paid said judgment. In this suit, Berthoud, the owner of the judgment against the defendant, in satisfaction of…