North Denver Bank v. Freeby

OPINION

BREWSTER, District Judge.

Plaintiff, The North Denver Bank, filed this suit to collect the original principal balance, plus interest and attorneys’ fees, due on a promissory note dated July 2, 1963, executed by the defendants, Glen C. Freeby and wife, Gertrude L. Freeby, as well as certain other individual comakers and ABC Enterprises, Inc., a corporate co-maker. Defendants filed an answer admitting the execution and delivery of the note but pleading payment or satisfaction of the same by the prior repossession of “property” by the plaintiff of a value sufficient to settle all sums due…