Continental Supply Co. v. Morgan

The opinion of the court was delivered by

Smith, J.:

This is an action on a written promise to pay money. Defendant answered setting up that plaintiff made certain oral promises at the time the writing was signed. Plaintiff demurred to the answer of defendant. The demurrer was sustained and judgment was for plaintiff. Defendant appeals.

Suit was brought on an instrument as follows:

“Whereas, the said party of the first part (E. H. Morgan) has heretofore been adjudged a bankrupt and was at the time of said adjudication indebted to said party of the second part on two promissory notes, and

“Whereas,…