First National Bank v. Aladdin Industries, Inc.

Plaintiff sued to recover $1,500 attorneys’ fees alleged to be due under the terms of a trust indenture. Trial was had by jury, resulting in a verdict and judgment for defendant, from which this appeal is prosecuted. The principal question involved is whether the evidence offered by defendant was sufficient, when questioned by a motion for judgment notwithstanding the verdict, to establish a plea of accord and satisfaction interposed by defendant to avoid liability for the attorneys’ fees claimed.

The essential facts disclose that in July, 1929, defendant, being in need of funds to carry on…