Chambers
Chambers v. Washam
Opinion
Lead Opinion
Conrey, J.
It is admitted that the defendants executed a promissory note in favor of the plaintiff for the ■principal sum of $1,050, and that the note has not been paid. It follows that the plaintiff is entitled to judgment unless her right thereto has been defeated by the facts stated in an affirmative defense set up in the answer. This . defense as stated in the answer is to the effect that the defendants Washam and Carrese, together with one J. B. Jamison, were engaged together in business, and that it became necessary in furtherance of the objects of such business to borrow a certain sum of money; that Jamison informed his partners that he could borrow this money from his sister, the plaintiff, if a promissory note was executed by the three partners and further secured by the signature of the defendant Arduino; that it was agreed between the three partners that if said money could be obtained the three partners and Arduino would execute and deliver to the plaintiff their promissory note therefor; that Jamison agreed with defendants to sign the note but failed to do so; that the note having been signed by the defendants "was delivered by the defendants to Jamison for his signature and for…