Litwin v. Barrier

Holmes, J.:

Plaintiff Harry Litwin appeals from a judgment in an action on a promissory note rendered in favor of the defendant John R. Barrier. The facts were submitted to the court by stipulation and are not in dispute.

On or about July 31, 1972, Litwin and Barrier, as comakers, executed a single payment unsecured note in the principal sum of $41,120.00 to Seneca National Bank in Wichita.

On October 30, 1972, the due date, Litwin paid to the bank the sum of $41,847.59, which constituted the full amount of principal and interest due and payable on the note. On the same date, the bank executed…