Colorado National Bank of Denver, a Corporation v. Alfred O. L. Bohm

Appellant, as plaintiff in the trial court, brought suit to recover an amount allegedly due on a promissory note. Appellee, as defendant in said suit, denied the right to recover on the ground that he received no consideration for executing the note.

The trial court, over the objection of appellant, permitted parol evidence to be introduced to establish lack of consideration. Appellant assigns this as error. We see nothing in this case which would take it out of the general rule that lack of consideration may be pleaded and proved in a suit on a promissory note.

In substance the facts are as follows:

The note was in the amount of $25,000. It was dated December 6, 1956, and payable to the order of Mrs. Gertrude Tenderich Sears. The note was signed by Joseph S. Tenderich, son of Mrs. Sears, Elizabeth S. Tenderich, his wife, and appellee Alfred O. L. Bohm, as comakers. Mrs. Sears is now deceased, and appellant is the executor of her estate. Appellee is a citizen of California; appellant is a citizen of Colorado; Mrs. Sears and her son and daughter-in-law were also citizens of Colorado at the time of the events described herein.

In October, 1956, appellee Bohm was the owner of an…