Fidelity Union Trust Co. v. Fitzpatrick

The opinion of the court was delivered by

Donges, J.

This is an appeal from a judgment of the Supreme Court, entered on a directed verdict for defendant at the Essex Circuit.

The suit was- for a debt originally incurred in 1929 when the defendant, Edward F. Fitzpatrick, executed a promissory note to the plaintiff-appellant, Fidelity Union Trust Company, in the sum of $34,449.50. Payments were made on the debt, and on March 20th, 1934, the note in suit was executed in the sum of $30,350. No payments on account of principal or interest have been made directly by defendant since that time. In…