Johnson v. Matthews

Mr. Presiding Justice Matchett

delivered the opinion of the court.

In an action on contract based upon a promissory note for $1,148, dated December 19, 1935, and upon trial by the court, there was a finding against defendant with judgment for $1,308.70, from which defendant appeals. The plaintiff having died pending the suit, her executor was substituted and the judgment is in favor of the executor.

The defense interposed is that the note was taken in contravention of plaintiff’s agreement with the Home Owners Loan Corporation, whereby she had agreed to accept in full of her claim against the…