Sherwood

The action is on a promissory note executed March 30, 1908, to plaintiff, by J. W. Lowell, brother of defendant, and payable one year after date. It is alleged in the complaint that, in consideration of the maker of the note transferring to defendant “certain property and business,” defendant agreed to pay said note; that, “on March 30, 1909, the thirtieth day of March, 1912, and the thirtieth day of March, 1913, pursuant to said agreement, defendant did on said dates pay to plaintiff the interest due on said promissory note”; that, “thereafter on May 5, 1913, at the said town of Westport, defendant agreed in writing to and with plaintiff to pay said promissory note and did then and there, in writing, make a payment on said promissory note to said plaintiff in the sum of eighty dollars.” Judgment is prayed for the sum of one thousand dollars and interest from March 30, 1913.

Defendant, in his answer, denied entering into the alleged agreement and denied that any such agreement was made; denied the alleged transfer of property by J. W. Lowell to defendant, and denied the alleged payment of money as interest or otherwise; denied the alleged agreement of May 5, 1913, and denied, on…