Stockmen's Bank v. Madison

The opinion of the court was delivered by

Marshall, J.:

The action is one to recover on a promissory note. Judgment was rendered in favor of the defendant, and the plaintiff appeals.

The defendant pleaded that there had been a settlement of the indebtedness evidenced by the promissory note which had been secured by a mortgage on personal property, the settlement having been effected by turning the mortgaged property 'over to a party named by the plaintiff and kept by the defendant for that party for a period of time after the property had been turned over. The defendant also pleaded that in…