Cron v. Zimmerman

The opinion of the court was delivered by

Wedell, J.:

This was an action by a payee to recover on a promissory note against three makers. Service was obtained on only one of the makers, C. C. Zimmerman. Judgment was against that defendant and -he appeals.

The various specifications of error actually involve only one legal question. It is whether there was a new and independent consideration for an oral agreement alleged by defendant to have been made by the makers and the payee subsequent to the execution and delivery of the note.

The note was originally executed and delivered June 20, 1936. It…