Popovsky v. Griwach

BARRETT, C.

[ 364] In this suit to recover a balance of $8,800 on a $20,000 note the trial court has found for the plaintiff. Upon this appeal, as upon the trial of the case, the defendant relies upon three principal defenses: (1) that the note, as between the parties, is without consideration; (2) that the plaintiff by accepting $10,000 in cash and two notes totaling $10,000 renounced the note and is estopped to claim that the defendant is liable or obligated on the instrument; (3) that there was no delivery of the instrument for the purpose of giving effect thereto as a note but that it was…