Siddall

— This is an action on a promissory note. The defendant pleaded want of consideration for its execution. The court gave judgment for the defendant, and the plaintiff appeals.

The facts are these: In 1879, the defendant, for a valuable consideration, executed to W. W. Traylor two promissory notes, for sums aggregating $2,950, and bearing interest at the rate of one per cent per month. In January, 1883, Traylor died intestate, and in February following Mrs. Elizabeth D. Traylor was duly appointed administratrix of his estate. She qualified and entered upon the discharge of her duties as administratrix, and in April, 1883, the said notes were inventoried and appraised as of no value.

In July, 1883, no part of the notes having been paid, Mrs. Traylor commenced an action to recover the amount due thereon, and on September 18,1883, judgment by default was entered in her favor, as administratrix, against defendant, for the sum of $4,372.50.

On February 2, 1885, the defendant executed the note now in suit, which reads as follows:—

When this note was taken, nothing had been paid on the judgment, and it was intended to have the note, by *323 way of compromise, take the place of all…