Simpson

Plaintiffs, who are husband and wife, brought this action to recover a judgment for the balance due of the principal and interest of a promissory note made by defendant and her husband, E. S: Smith, since deceased, dated April 20, 1912, and payable one day after date “to M. L. Simpson or S. E. Simpson.” The defendant, who had judgment below, denies liability upon two grounds: (1) That there was no consideration for the promise of the defendant, and (2) that the signature of defendant to said note was procured under duress and through the undue influence of plaintiffs and the husband of the defendant.

The court found, in effect, among other facts, that the defendant did not, for value received, execute to the plaintiffs the promissory note sued upon; that the defendant had never received any consideration of any nature whatsoever for signing said promissory note; that there was no consid eration for defendant signing said note; and “that no detriment of any kind or nature was suffered by the plaintiffs . . . or either of them by reason of said instrument.”

The affirmative allegations contained in defendant’s answer relative to the charge that plaintiffs procured the defendant’s…