Yarbrough v. Shackelford

1. The consideration of a note can generally be inquired into. Under the plaintiff’s view of the evidence in this ease, there could be no question as to the defendant’s liability, and even in view of the testimony of the defendant, who was the only witness in his own behalf, if . the railroad company in delivering its two cheeks inadvertently overpaid the plaintiff, this would constitute no defense to the present action, wherein the defendant admits that he executed the note sued on, and received the proceeds of a check payable to the plaintiff and indorsed by her, in an amount represented by…