Sullivan

Action to recover upon five promissory notes made and delivered by defendants to plaintiff’s assignor. Judgment went for plaintiff, from which defendants appeal upon a bill of exceptions.

The defense is based upon the alleged fact that in part the notes were without consideration, and that all were procured by fraud and threats to have defendant Sullivan arrested for embezzlement. The notes were duly made and delivered to the Acme Door and Glass Company, which transferred them to plaintiff. On June 21, 1906, one W. E. Little, who was a stockholder and president of the Acme Door and Glass Company, entered into an agreement with defendant Sullivan, whereby the latter was employed as manager of the Acme Door and Glass Company for a period of one year. Under the terms of the agreement Sullivan’s compensation was to be $150 per month and thirty per cent of the dividends derived from the stock owned by said Little in the corporation, which sum of thirty per cent was to be due and payable after the stock had been carefully invoiced and had been figured and rechecked for accuracy. Sullivan entered upon his duties and continued in the employ of the company for the period of one year…