Homewood Peoples Bank v. Simon

Opinion by

Mr. Justice Frazer,

This action is by an endorsee against the maker of a promissory note. At the trial, plaintiff proved execution and nonpayment of the obligation and rested. Defendant offered to prove the note was obtained from him by fraud and duress on part of payee; that it was necessary to give the note to procure payee’s release of a building from lien for work done and materials furnished ; that payee had presented a bill for extras over and above the contract price, which was questioned, and defendant made the note for the full amount of the disputed balance “on the…