Helmke v. Prasifka

Appellee sued appellant to recover upon a promissory note executed by appellant for the sum of $2,100, interest and attorneys’ fees. Appellant admitted the execution of the note, but resisted payment on the ground of the failure of consideration. He also defended upon the ground that the note was never delivered absolutely, but with the understanding and agreement by appel-lee that he would not collect, or attempt to collect, said note unless a certain $6,000 note that had been executed to appellant by one John Broeg and Hugo Kolterman was paid when due; that said note of $6,000 was never…