Albermont Petroleum, Ltd. v. Cunningham

On December 24, 1958, plaintiff corporation sued defendants Cunningham and Healy on a $25,000 promissory note due December 4, 1958, executed by them on September 5, 1958. The complaint alleged that the note was given in consideration of a dismissal with prejudice of a suit for $100,000 brought by plaintiff against defendants, then pend ing in the United States District Court entitled “Albermont Petroleums, Limited, a corporation, vs. Lee Healy and C. D. Cunningham. ’ ’ The answer filed January 28, 1959, denied all allegations of the complaint including the execution of the note, but admitted…