Sanders v. McKee

1. Where a person owed an account, and was also incarcerated under a warrant charging the offense of “cheating and swindling,” if a settlement was effected by which the accused gave a note, which was also signed by two other persons, “in settlement of the account, if the charges would be dismissed or settled against” such person, such consideration was illegal and immoral, and the note could not be enforced, unless the settlement was made by approval and order of the court on examination into the merits of the ease, as provided by the Penal Code (1910), § 981.(a) To a suit on a promissory…