Dickson v. Protzman

The respondent, M. M. Dickson, . brought this action to recover on an instrument in the form of a promissory note for $3,240, signed by appellant, Bert C. Protzman. Appellant pleaded in his answer, by way of an affirmative defense, that when the instrument in question was made, it was mutually understood between the parties that it should not be considered a valid obligation or collectible until appellant had collected a certain note from a third person.

Upon these issues a trial was had, and the court below found as a matter of law:

“ (1) That the allegations, matters and things contained in…